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41TH  CONGRESS,  )     HOUSE  OF  REPRESENTATIVES.     (  REPORT 
Cession.      } \  No.  794, 

, 

SURVKVS  IN  THE  TERRITORY  OF  WYOMING.  s 

cL^jc 


BANCROFT 
LIBRARY    r? n  „     e~^     -x-*  /f^- 


AUGUST  2,  1876.— Recommitted  to  the  Committee  on  Expenditures  in  the  Interior  Depart- 
ment and  ordered  to  be  printed. 


Mr.  MUTCHLER,  from  the  Committee  on  Expenditures  in  the  Interior 
Department,  by  unanimous  consent,  submitted  the  following 

REPORT: 

It  having  been  represented  to  your  committee  that  certain  abuses  had 
been  practiced  in  the  awarding  of  contracts  by  surveyors-general  for 
the  survey  of  the  public  lands,  they  determined  to  inquire  into  the  truth 
or  falsity  of  the  charges  by  the  examination  of  witnesses  who,  it  was 
supposed,  had  knowledge  of  the  fact  that  such  abuses  existed.  The 
time  of  the  committee  having  been  occupied  almost  exclusively  in 
the  investigation  of  other  matters,  they  found  it  impossible  to  give 
attention  to  any  of  the  charges  except  those  relating  to  surveys  in  the 
Territory  of  Wyoming.  It  having  been  alleged  that  Dr.  Silas  Reed, 
late  surveyor- general  of  that  Territory,  was  in  the  habit  of  compelling 
deputy  surveyors  who  received  contracts  from  him  to  divide  the  profits 
of  their  contracts  with  such  friends  of  his  as  he  would  designate,  who 
did  no  work  and  assumed  none  of  the  responsibilities  which  attached  to 
the  contractor,  and  whose  only  connection  with  the  surveys  was  to 
receive  their  share  of  the  profits  after  the  work  was  completed,  your 
committee  proceeded  to  take  the  testimony  of  a  number  of  witnesses  in 
support  of  the  allegations,  and  they  here  with  submit  it  as  a  part  of  their 
report. 

I  )r.  KYed  became  surveyor-general  of  Wyoming  Territory  in  the  year 
1870,  and  held  the  position  until  the  spring  of  187.J.  when  he  was 
removed,  and  a  Dr.  II.  Latham  was  a ppoin ted  his  successor.  In  speak- 
of  his  removal,  Dr.  Reed,  in  his  testimony,  says : 

-.1  the  second  time  in  February,  1870.    I  went  out  there-. 

at  the  t  Iriit's  inauguration,  this  ring  that  is  now  hatching  up  thji  «fl 

mystifying  and  misrepresenting  it,  came  down  here  and  represented  me  to  the  1' 
a  greai  nnd  as  having  attended  Greeley  convention  1  the  President, 

forgetting  that  he  had  appointed  me  the  second  time,  appointed  a  mail  m  my  place. 

I'pon  the  receipt  of  his  notice  of  dismissal,  Dr.  KYed  at  once  pro- 
(Seeded  to  Wa^hm-ton,  and  having  convinced  President  (.rant  that 
th,.  ivp.nl  to  the  elfect  that  he  had  been  wanting  in  fealt.v  to  him  was 
a  malicious  fabrication,  invented  by  the  "  riii.ir"  l'"r  selfish  pur 

;ll  onoe  re  appointed,  and  a-am  entered  upon  his  duties  as  sur  v< 
era!  of  the  Territory.     The  contracts  for  surveys  tor  the  season  of 
;  havinir  '"-en  already  h-t  b\  Dr.  Lai  ham,  none  were  given  out  by 
Dr.  LYed  until  the  following  season,  being  the  summer  <>t    i 
The  act  of  May  18,  L796,  provides  that  «<  -nil  shall 

-e  a  sufficient  number  of  */,•///////  surveyors  as  his  deputies,"  and  by 
of  .March  3,  L831,  "every  deputy  sun .  required  to  enter 


i 


II  SURVEYS   IN   THE   TERRITORY    OF   WYOMING. 

into  bonds  with  sufficient  security  for  the  faithful  performance  of  all 
surveying-contracts,  and  to  take  an  oath  that  the  surveys  have  been 
faithfully  and  correctly  executed  according  to  law  and  the  instructions 
of  the  surveyor-general.  In  the  opinion  of  the  committee,  the  plain  pro- 
visions of  the  statutes  regulating  the  surveying  of  the  public  lands  re- 
quire all  contracts  to  be  let  only  to  persons  skilled  in  the  art  of  survey- 
ing, and  to  such  as  will  give  the  bond  and  take  the  oath  required  by  those 
statutes.  The  term  skillful  surveyors  cannot  be  interpreted  to  mean  any 
class  of  persons  except  such  as  have  been  educated  in  the  business 
of  surveying.  The  manual  of  surveying-instructions,  however,  author- 
ized by  the  act  of  1872,  and  issued  by  the  Commissioner  of  the  General 
Land-Office,  contains  a  provision  declaring  that  where  there  are  two  con- 
tractors, one  only  shall  be  required  to  be  a  practical  surveyor,  the  other 
may  be  the  moneyed  man  of  the  firm ;  the  one  to  execute  the  work  and 
swear  to  the  field-notes,  the  other  to  furnish  the  necessary  means  for 
the  outfit.  This  regulation,  made,  as  is  claimed,  in  pursuance  of  law, 
enables  surveyors-general  to  award  heavy  contracts  to  favorites,  who 
have  no  knowledge  whatever  of  the  work  to  be  done,  or  of  the  manner 
of  doing  it,  and  who  scarcely  ever  go  into  the  field.  As  surveying-con- 
tracts are  always  awarded  at  the  maximum  sum  allowed  by  law,  the 
profits  realized  are  generally  very  large  in  proportion  to  the  amouut 
invested  by  the  moneyed  man  of  the  firm.  This  system  of  partnership 
in  surveying  was  somewhat  improved  by  Dr.  Eeed,  very  much  to  the 
advantage  of  the  moneyed  man  of  the  firm,  who,  it  appears  from  the 
testimony,  was  not  only  not  required  to  do  any  work,  but  did  not  sign 
a  contract,  give  a  bond,  take  the  oath,  nor  advance  any  money.  Under 
the  doctor's  system,  the  moneyed  man  did  no  work  and  assumed  no 
responsibility;  he  was  a  silent  partner,  with  nothing  to  do  except 
to  receive  his  share  of  the  profits  of  the  contract.  This  system  was  put 
into  practical  operation  in  the  spring  of  1874,  when  the  first  contracts 
were  let  by  Dr.  Keed  after  his  re  appointment  to  the  office  of  surveyor- 
general  of  the  Territory,  and  the  beneficiaries  under  it  were  Mr.  John 
§.  Delano,  Mr.  Orvil  L.  Grant,  and  a  Mr.  H.  H.  Houghton,  an  editor  of  a 
newspaper  in  Galena,  111.  Although  each  of  these  gentlemen  partici- 
pated in  the  distribution  of  the  profits  of  surveying-contracts,  none  of 
them  tcok  any  of  the  responsibilities  of  contracting  parties,  nor  did 
any  of  the  work  required  to  be  done,  and,  so  far  as  the  evidence  shows, 
only  one  of  them  (Mr.  Delano)  advanced  any  money  to  purchase  an 
outfit  for  the  men  in  the  field. 

In  May,  1874,  two  contracts  were  given  to  J.  Wesley  Hammond,  of 
which  the  aggregate  liability  was  $4,000.  Subsequently  and  during 
the  same  summer  a  contract  was  given  to  Mr.  Eogers,  the  liability  of 
•which  was  $2,100 ;  one  to  Mr.  Hays,  of  the  same  liability  ,•  one  to  Mr. 
Eeed,  liability  $1,800;  and  one  to  Mr.  Thomas,  liability  $2,900.  These 
contracts  were  all  for  surveying  township  and  section  lines,  and  were 
awarded  at  the  maximum  sum  allowed  by  law  for  that  kind  of  survey- 
ing. The  only  contracting  parties,  so  far  as  the  papers  in  the  Lancl- 
Office»show,  were  the  Government  and  the  parties  above  named.  Yet 
Mr.  Delano  was  the  recipient  of  one-half  the  profits  of  each  contract, 
amounting  in  the  aggregate  to  from  $3,000  to  $5,000.  The  settlements 
with  the  deputies  were  made  by  Dr.  Eeed,  and  the  amount  due  by  each 
one  to  Mr.  Delano  deducted  by  him.  For  purposes  which  may  readily 
be  imagined,  it  seems  Dr.  Eeed  was  particularly  anxious  that  Mr.  Del- 
ano should  have  an  interest  in  surveying  contracts.  According  to  his 
own  statement,  as  early  as  May  or  June,  1873,  when,  it  will  be  remem- 
bered, he  was  out  of  office  and  was  in  Washington  soliciting 


;;YI:YS  IN  THE  TERRITORY  OF  >VYOMI.V  in 

a  re-appointment,  he  hail  a  conversation  with  Ex-Secretary  Del- 
ano in  regard  to  the  health  of  his  son,  who,  it  seems,  was  afflicted 
with  a  disease  of  the  lungs,  in  which  conversation  he  suggested 
that  John  should  go  to  the  mountains  for  the  benefit  of  his 
health.  Subsequently,  he  relates,  he  had  an  interview  with  Mr. 
Drummond,  the  Commissioner  of  the  Land-Office,  with  regard 
the  propriety  of  giving  Mr.  Delano  a  contract,  and  that  that  official 
advised  him  that  he  could  properly  do  so.  Dr.  Heed,  by  his  tes- 
timony, endeavors  to  create  the  impression  that  there  was  no  intention  to 
conceal  the  fact  that  Mr.  Delano  had  an  interest  in  surveying-contracts, 
but  that  the  transaction  was  an  open  one  and  in  no  way  inconsistent 
with  his  sworn  duty  as  a  Government  official.  He  insists  that  the  only 
reason  why  Mr.  Delano's  name  was  not  inserted  in  the  contracts,  and 
he  required  to  file  his  bond  and  take  the  oath,  was  because,  on  account 
of  the  sickness  of  his  wife,  he  could  not  reach  the  Territory  in  time  to 
comply  with  these  requirements  of  the  law.  In  this  assertion  the 
doctor  is  not  sustained  by  the  evidence.  On  the  contrary,  it  is  clearly 
proven  that  he  used  all  means  in  his  power  to  keep  the  matter  a  profound 
secret,  and  that  he  peremptorily  discharged  an  honest  and  faithful  clerk 
from  his  office  because  he,  in  the  conscientious  discharge  of  his  duty. 
attempted  to  correct  the  abuses  that  were  being  practiced. 

Mr.  L.  C.  Stevens,  who  was  chief  clerk  in  Dr.  Keed's  office  at  Chey- 
enne, and  who  was  removed  because  he  endeavored  to  expose  the 
honest  transactions  of  the  office,  testifies  in  respect  to  the  Hammond 
contract  that  at  the  instance  of    Dr.  Reed  he  told  Hammond 
there  was  a  chance  for  him  to  get  work.    He  says,  "  I  told  him  that  if 
he  was  willing  to  go  into  the  field  and  let  Mr.  Delano  in  on  profits  he 
could  get  work,  and  asked  him  if  he  would  be  willing  to  take  a  com 
on  such  terms.    I  talked  quite  a  while  with  him  about  it  and  talked 
freely.    He  was  an  intimate  friend  of  mine  and  I  advised  him  that  that 
was  the  only  show  he  had  to  get  anything  to  do,  and  that  he  had  li- 
do that  than  be  idle ;  that  he  would  do  pretty  well  out  of  it  him 
how ;  that  he  had  better  do  it,  and  he  said  he  would.    I  then  reported 
to  Dr.  Reed  that  I  had  seen  Mr.  Hammond  and  that  it  was  all  ri-ht: 
so  the  contract  was  let  to  Mr.  Hammond."    This  witness  says  Mr.  Delano 
"  shared  equally  with  Mr.  Hammond  in  the  profits."  "As  I  understood," 
he  says,  "from  conversations  with  the  doctor  afterward.  Mi.  Hammond 
had  owned  the  outfit,  the  mules,  the  compass,  and  the  equipments  gen- 
erally, and  also  did  the  work  ;  and  for  the  use  of  his  outfit  and  for  his 
services  he  was  to  receive  $125  a  month,  which  was  deducted  before  the 
division."    In  answer  to  a  question  as  to  whether  the  witness  had  any- 
thing to  do  with  the  payment  of  mone.\  to  Mr.  Delano,  he  says,  "Some 
time  in  November,  1874,  the  draft  was  received  from  t  ho  Treason 
.Mr.  Hammond  in  payment  for  those  contracts.     Mr.  Hammond  was  not 
in  town  at  that  time.    I  received  his  mail  when  he  was  not  in  town  and 
attended  to  his  business,  and  I  placed  thrse  Treasury  d  rafts  in  the  bank 
to  his  credit.     Mr.  Hammond  Uad  told  me  that  he  had  _  Mr.  Heed 

notes:  that  the  doctor  had  required  him  to  give  notes  for  what  was 
comiim  to  Mr.  Delano,  and  that  they  were  all  n-lit.    I  wasac«|ua 
with  the  arrangement  from  the  beginning.     On  the  LMst  of  November, 
1874,  Dr.  Keed   showed  me  these  notes   -ivm   l»y  Mr.  Hammond: 
were  notes  made  on  a  form  of  the  1  n>i  National  Bank  of  Cheyenne,  and 
these  [producing  papers]  are  exact  copies  of  the  notes: 

$400.]  <  HEYEHIIB,  GttifcrttS,  1874. 

On  or  berore  February  1,  1874,  we  jointly  and  severally  promise  to  pay  to  John  L.  Her- 

riam  or  be  »ror,  out  of  the  draft  ut  my  survi-yin.  -  of  May  tW,  1-J74,  M 


IV  SURVEYS   IN   THE   TERRITORY   OF   WYOMING. 

as  received,  $400  at  the  First  National  Bank  of  Cheyenne,  for  value  received,  waiving  bene- 
fit of  stay  and  exemption  laws,  with  interest  at  two  per  cent,  per  month  from  maturity  till 
paid. 

J.  WESLEY  HAMMOND. 

• 

$1,000.]  WASHINGTON,  October  26,  1874. 

On  or  before  February  1,  1874,  we  jointly  and  severally  promise  to  pay  to  John  L.  Mer- 
riam  or  bearer,  out  of  my  survey-contract  No.  62  of  May  20,  1874,  $1,000  as  soon  as  re- 
ceived, at  the  First  National  Bank  of  Cheyenne,  for  value  received,  waiving  benefit  of  stay 
and  exemption  laws,  with  interest  at  two  per  cent,  from  maturity  till  paid. 

J.  WESLEY  HAMMOND. 

The  fact  that  the  name  of  John  L.  Merriam  was  inserted  in  the  above 
notes  instead  of  that  of  Mr.  Delano  is  another  circumstance  going  to 
show  the  intention  of  Dr.  Eeed  to  cover  up  the  transaction  with  Mr. 
Delano ;  and  the  reason  for  this  name  being  put  there  will  be  found  in 
the  following  letter,  which  is  still  stronger  evidence  that  the  parties 
desired  that  the  fact  that  Mr.  Delano  had  an  interest  in  surveying-con- 
tracts should  be  a  secret : 

INTERIOR  DEPARTMENT, 
Washington,  D.  C.,  May  26,  1874. 

DEAR  GENERAL  :  I  have  been  detained  by  my  wife's  illness,  but  hope  at  least  to  get  off 
to  Saint  Paul  by  Monday,  and  to  reach  Cheyenne  in  June.  I  shall  have  to  return  here  by 
tte  last  of  June  on  my  wife's  account,  but  shall  not  go  back  west  for  the  summer  and  fall. 

Hope  you  will  be  able  to  put  Merriam  (I  think  it  had  better  be  in  his  name)  into  a  good 
contract  for  me.  I  shall  sadly  need  the  profits  for  my  summer's  outlay — out  of  office,  sick, 
unable  to  attend  to  my  own  affairs,  runs  me  behind  a  good  deal.  Thanks  for  your  kind 
tetter. 

Yours,  truly, 

J.  S.  DELANO. 

This  letter  flatly  contradicts  the  assertion  made  by  Dr.  Eeed  to 
the  effect  that  the  only  reason  why  the  name  of  Mr.  Delano  was  omit- 
ted from  the  Hammond  contract,  and  he  not  required  to  qualify  as  a 
deputy,  was  because  he  was  unable  to  reach  the  Territory  in  time  to  do 
so.  It  will  be  observed  the  letter  is  dated  six  days  after  the  date  of 
the  contract,  and  that  the  name  of  Merriam  does  not  occur  in  any  of 
the  papers,  excepting  in  the  notes  subsequently  given  by  Hammond  to 
secure  the  payment  of  Delano's  share.  The  truth  is,  the  Hammond 
contract  had  been  awarded  to  him,  with  the  distinct  understanding 
that  he  was  to  divide  the  profits  equally  with  Delano,  some  time  before 
the  latter  had  signified  to  Dr.  Reed  his  intention  of  coining  to  the  Ter- 
ritory. 

If  any  other  evidence  were  necessary  to  prove  beyond  the  possibility 
of  a  doubt  that  it  was  the  intention  of  the  parties  to  keep  the  transac- 
tion entirely  secret,  it  will  be  found  in  the  conduct  of  Dr.  Eeed  in  re- 
moving Mr.  Stevens,  his  chief  clerk,  so  soon  as  he  had  ascertained  that 
that  gentleman  had  attempted  to  expose  the  affair  to  the  authorities  at 
Washington. 

Mr.  Stevens  testifies  that  Dr.  Eeed  handed  him  the  two  notes  given 
by  Hammond  to  Medary,  with  a  request  that  he  collect  them,  and,  as 
he  had  charge  of  Hammond's  money -matters  during  his  absence  in  the 
field,  he  drew  his  check  on  the  First  National  Bank  of  Cheyenne  for 
$1,400,  signed  u  J.  Wesley  Hammond,  by  L.  C.  Stevens,"  and  with  this 
money  paid  the  notes.  Five  hundred  and  five  dollars  of  this  amount  he 
gave  to  Dr.  Eeed,  and  with  the  balance,  $895,  he  purchased  a  draft  on 
Sew  York,  payable  to  the  order  of  J.  S.  Delano.  This  draft,  he  says, 
Dr.  Eeed  inclosed,  with  a  letter  directed  to  Mr.  Delano.  After  the  draft 
had  been  paid  and  returned  to  the  bank,  Mr.  Stevens  says  he  obtained 


SURVEYS    IN    THE    TERRITORY    OF    WYOMING.  V 

possession  of  it,  and  in  the  latter  part  of  March,  is;;;,  im-ln  < 
gether  with  other  proofs  of  the  transaction,  to  Hon.  B.  11.  Hi  i-tow,  with 
a  request  that  he  lay  the  papers  before  President  Grant.  At  this  tiim- 
Dr.  Reed  was  absent  from  the  Territory,  staying  at  Saint  Louis.  Mr. 
Bristow  testifies  that  he  received  the  papers  scut,  and,  in  obedience 
to  the  request  of  Stevens,  laid  them  before  the  President.  That 
among  the  papers  ho  thinks  there  was  a  letter  from  Ex-Secretary 
Delano  to  Dr.  Reed,  thanking  him  for  some  kindness  done  his  son. 
That  the  papers  related  to  surveying-contracts  in  the  Territory 
of  Wyoming,  and  on  their  face  showed  evidence  of  improper  trans- 
actions between  the  surveyor-general  and  John  S.  Delano.  On  tin* 
-Sth  of  April  Dr.  Reed,  who,  as  has  been  stated,  was  in  Saint  Louis, 
came  to  Washington  City.  Immediately  upon  his  arrival  he  was 
informed  by  Mr.  J.  S.  Delano  and  others  that  the  President  was  in 
possession  of  these  papers.  Mr.  Delano,  it  seems,  from  his  own  testi- 
mony, had  seen  the  papers,  they  having  been  shown  him  by  General 
O.  E.  Babcock,  the  President's  private  secretary.  On  receiving  this  in- 
formation, Dr.  Reed  at  once  telegraphed  his  chief  clerk,  Mr.  Stevens,  as 
follows : 

WASHINGTON,  D.  C.,  April  89,  1-' 
Mr.  L.  C.  STEVFN-. 

Surveyor-General's  Office  : 
How  did  Campbell  obtaiu  D.'s  letters  to  me  about  surveys T 

SILAS  REED. 

Dr.  Reed  further  testifies  that  on  this  same  day  he  had  an  interview 
with  the  President;  that  he  informed  the  President  that  the  papers  had 
been  stolen  ;  that  one  of  them  was  a  private  or  semi-official  letter  to 
him,  and  that  he  did  not  think  it  ought  to  be  floating  about,  because  it 
would  be  misunderstood  or  misinterpreted  among  strangers;  that  the 
President  replied  that  he  did  not  see  that  they  amounted  to  any  thin-- : 
he  had  not  thought  enough  of  the  matter  to  mention  it  to  Secretary 
Delano  or  pay  any  attention  to  it,  and  that  he  would  n't  urn  the 

Sapers  to  J.  S.Delano.    After  the  interview  with  the  President,  Dr. 
teed  went  to  the  telegraph-office  and  sent  a  telegram  to  Cheyenne  re- 
moving Mr.  Stevens,  his  chief  clerk. 

The  letter  which  the  doctor  alluded  to  as  not  desiring  to  have  "  floating 
around,"  for  fear  that  it  might  be  "misunderstood  or  misinterp 
strangers"  was  an  autograph-letter  from  Ex-Secretary  Delano  to  Dr. 
Reed,  written  in  the  month  of  October,  and  some  time  prior  to  the  date 
of  the  settlements  between  the  deputy  surveyors,  in  whose  contracts  J. 
S.  Delano  was  interested,  and  the  Government.  Mr.  Stevens  says  that  a 
month  before  sending  the  draft  to  J.  S.  Delano,  Dr.  Reed  showed  him  this 
letter,  and  in  doing  so  said,  u  I  was  writing  tne  Secretary  not  long  ago, 
and  I  mentioned  to  him  that  I  was  doing  something  for  John  out  here.  I 
got  a  letter  from  him  this  morning,  and  I  want  to  show  it  to  you.  Just  see 
how  careful  he  is." 

It  was  an  autograph -letter  of  Secretary  Delano's,  and  addressed  to  Dr. 
Reed.  The  first  part  of  it  was  in  regard  to  some  other  work,  which  1 
did  not  pay  any  attention  to  or  charge  my  mind  with.  The  part  to 
which  he  directed  my  attention  and  which  he  had  referred  to  was 
tin-:  -You  mention  that  yon  are  doing  something  for  John.  I  hope 
\ou  will  l>e  can-fill  not  to  do  anything  that  will  have  the  appearance  of 
being  wrmitf."  In  his  testimony.  Dr.  Reed  admits  having  received  this 
letter,  and  that  it  contained  a  dame  in  which  the  writer  thanked  him 
tor  liis  kindness  toward  his  son. 

With  rc-ard  to  the  surveys  in  which  Orvil  L.  Grant  hud  an  interest, 


VI  SURVEYS   IN   TILE   TERRITORY   OF   WYOMING. 

the  testimony  of  Mr.  Stevens  shows  that  a  brother-in-law  of  Grant's, 
named  Medary,  had  several  heavy  contracts,  first  under  Surveyor- 
General  Latham,  subsequently  under  Dr.  Eeed.  Stevens  says,  u  The 
doctor  told  me  in  1873  that  Medary  was  to  help  Orvil  out  of  some  of  his 
debts."  He  also  said  that  as  Medary  was  "  spending  his  money  pretty 
fast,  there  would  be  nothing  left  for  Orvil."  The  witness  further  says 
that  in  the  spring  of  1874  he  asked  the  doctor  whether  Medary  had 
helped  Orvil  out  as  he  promised,  and  the  doctor  said  that  was  fixed 
up  all  right.  That  in  the  summer  of  1874  Medary  had  contracts  all 
the  while  to  large  amounts.  That  one  day  the  doctor  asked  witness 
what  he  thought  Medary  ought  to  make  out  of  his  work.  Witness  said, 
"  Not  less  than  $5,000,  however  he  manage."  The  doctor  added,  "That's 
just  what  I  thought,  and  just  what  I  told  Mr.  Grant.  I  told  Mr.  Grant 
that  that  ought  to  be  the  basis,  and  that  if  Medary  did  not  report  that 
much  profit,  he  had  not  managed  his  work  right."  This  witness  says 
that  Medary  was  by  no  means  a  favorite  of  the  doctor's.  That  the 
doctor  told  him  one  time  that  he  did  not  like  to  have  him  about.  That 
he  wished  Grant  would  get  somebody  else.  He  could  get  a  man  who 
would  make  more  money  for  him  and  be  pleasanter  about  the  office.  In 
a  letter  written  from  Washington  by  Dr.  Eeed  to  his  clerk,  he  says  : 
"  Medary's  last  draft  has  gone  to  Cedar  Falls,  and  O.  L.  G.  seems 
worried  that  nothing  has  come  from  the  source  of  his  prosperity 
yet,"  In  another  portion  of  the  letter  he  says :  "I  have  this  moment 
parted  with  O.  L.  G.  I  have  suggested  that  he  hire  a  good  assist- 
ant and  go  out  on  his  own  hook  next  season,  for  alt  his  plans  seem 
to  have  failed  this  year,  and  it  is  not  certain  he  will  receive  a  dollar 
from  M." 

Dr.  Eeed  does  not  deny  that  Grant  h  ad  an  interest  in  all  the  con- 
tracts given  to  Medary,  although  his  name  nowhere  appears  in  any  of 
the  papers  on  file  in  the  land-office,  nor  was  he  in  the  Territory  at  any 
time  while  the  work  was  being  done.  The  testimony  further  goes  to 
show  that  Medary  himself  was  not  a  practical  surveyor,  and  that  the 
work  allotted  to  him  was  done  by  a  compass-man  by  the  name  of  Corey, 
whom  he  employed  by  the  month.  Contracts  were  all  awarded,  as  was 
the  case  in  those  in  which  Delano  was  interested,  at  the  maximum  price 
fixed  by  law. 

Mr.  Stevens  also  testifies  that  a  man  by  the  name  of  H.  H.  Houghton, 
who  published  a  newspaper  at  Galena,  111.,  called  the  Galena  Advertiser, 
had  an  interest  to  the  extent  of  $600  in  a  surveying-contract  to  two 
deputies  named  James  and  Eodgers.  He  does  not  know  certainly  that 
Houghton  received  the  money,  but  the  deputies  told  him  they  had  paid 
it.  He  says  the  doctor  told  him  he  intended  to  help  Mr.  Houghton,  who 
was  his  old  friend.  That  he  had  offered  him  a  contract,  but  that  he 
could  not  come  out  there  to  work,  and  so  he  was  going  to  let  some  of 
the  deputies  make  up  to  him  about  the  amount  he  could  make  on  a  small 
contract. 

Your  committee  believe  that  John  S.  Delano,  Orvil  L.  Grant,  and 
H.  H.  Houghton  rendered  no  service  whatever  to  the  Government  for 
the  money  received  by  them,  but  that  they  were  mere  "dead-heads" 
and  pensioners  upon  the  fund  appropriated  by  Congress  for  surveys  of 
the  public  lands  in  the  Territory  of  Wyoming  for  the  year  1874,  and 
that  Dr.  Silas  Eeed,  the  surveyor-general  of  that  Territory,  violated  his 
official  oath  by  awarding  contracts  for  surveying  at  the  maximum  price 
upon  condition  that  the  deputies  would  divide  their  profits  with  men 
who  gave  no  equivalent  for  the  money  they  received.  The  precise 
amount  of  the  public  money  thus  fraudulently  and  corruptly  used  the 


•RVEY8    IN    Till:    TERRITORY    OF    WYOMING.  VII 

committee  are  unable  to  state,  but  it  is  quite  certain  that  it  amounts  to 
several  thousand  dollars,  and  that  the  entire  sum  should  ha\ebeen 
saved  to  the  Government,  because  the  evidence  shows  that  the  work 
could  and  would  have  been  done  by  the  deputies  to  whom  the  contracts 
were  awarded  at  the  price  they  actually  received  after  deducting  the 
amount  each  was  compelled  to  pay  to  his  silent  partner  as  a  bonus  for 
his  contract. 

In  justification  of  his  conduct  in  thus  misapplying  the  public  moi 
Dr.  Reed  says  he  was  induced  to  oiler  Mr.  Delano  an  interest  in  >ui- 
\e\  ing-contracts  because  he  was  unwell,  and  he,  as  a  physician,  knew 
that  if  he  could  get  him  to  goto  the  mountains  his  health  would  be 
•red ;  that  he  was  his  father's  only  son,  and  as  he,  witness,  had  but 
one  son,  he  had  great  sympathy  for  the  father.  As  to  Orvil  L.  Grant, 
he  had  been  burned  out  in  Chicago  and  was  poorj  besides.  Medary 
was  a  single  man,  while  Grant  had  a  family  and  was  supporting  V 
ry's  mother,  and  he  thought  it  was  no  more  than  ri-ht  that  the  la 
should  divide  profits  with  him.  When  it  is  remembered  that  one  of 
these  recipients  of  the  Government  bounty  is  a  near  blood  relative  of 
the  then  Secretary  of  the  Interior  and  the  other  of  the  President,  and 
that  the  sympathizing  doctor  held  his  official  position  at  the  pleasure 
of  these  two  high  officials,  it  will  be  seen  that  the  motive  which 
prompted  him  to  relieve  their  necessities  was  as  humane  and  unselfish 
as  any  that  ever  moved  the  philanthropic  heart  of  the  illustrious  IVcK 
sniff.  Although  the  fact  that  this  unfaithful  official  had  been  guilty  of 
corruptly  using  the  public  money  was  known  to  the  authorities  by 
whose  favor  he  held  his  office  in  March,  yet  he  was  permitted  to  retain 
his  position  until  the  month  of  August,  when,  as  will  be  seen  by  the  fol- 
lowing letter  of  President  Grant,  his  resignation  was  accepted : 

LONG  BRANCH,  N.  J.,  August  ?.  I 

DEAR  SIR  :  Your  letter  of  resignation  of  the  30th  of  July  was  duly  received,  but  has 
not  been  acted  upon  until  now.  I  have  this  day  forwarded  it  to  the  Secretary  of  the  In- 
terior, with  instructions  to  accept  it  to  take  effect  on  the  10th  September,  or  as  soon  there- 
after as  your  successor  may  qualify.  In  accepting  your  resignation  allow  me  to  say  that  I 
know  of  no  reason  to  be  dissatisfied  with  your  administration  of  the  office  of  surveyor- 
general.  On  the  contrary,  I  believe  it  has  been  efficiently,  and  advantageously  to  the  Gov- 
ernment, rilling  during  your  entire  administration. 

With  sincere  wishes  for  your  welfare,  and  assurances  of  my  personal  friendship,  I  am, 
very  truly,  your  obedient  servant, 

U.  S.  GR 
Dr.  SILAS  Rv.\  i>. 

Surviyor-Gencral,  W.  T. 

Your  committee  deem  it  necessary,  in  order  to  prevent  any  misapi 
priation  of  the  money  set  apart  for  defraying  the  expenses  of  surveying 
tlu>  public  lands  in  the  future,  to  recommend  that  the  law  regulating 
surveys  should  be  so  amended  as  to  impose  a  penalty  upon  surveyors- 
general  who  may  award  a  contract  to  any  one  not  a  skillful  surveyor, 
and  also  a  penalty  upon  any  person  reC  I  contract  \\  ho  m. 

or  refuse  to  superintend  the  work  allotted  him  in  person. 

WAI.   Ml  TC111  . 
\.  i:.  BOONB, 

XDER& 


TESTIMONY 

TAKEN  BY  THE 

niHMITTEE  (IX  EXPEXDITCIK  IX  THE  IXTERIoll  liEI'AIITIIEU, 


IN  RELATION  TO 


ALLEGED   FRAUDS   IN  CONTRACTS  FOR  GOVI;K\VKNT   SURVEYS  IN 

WYOMING  TERRITORY. 


Wx-  D.C.,  J/arcA25,  1876. 

B.  11.  Bui- io\v  sworn  and  examined. 

By  the  CHAIUMAN  : 

~  Question.  It  has  been  represented  to  this  committee  that,  during  the  time  that  Ex-Secretarv 
Delano  was  the  Secretary  of  the  Interior,  a  letter,  purporting  to  have  been  written  by  him  a 
addressed  to  a  certain  party  or  parties  who  had  been  engaged  in  surveying  public  lands  ii 
some  of  the  Territories,  accidentally  came  into  your  possession,  and  that  you  conceived  it 
proper  to  lay  that  letter  before  the  President,  and  did  so.     Will  you  state  whether  such 
the  fact?— Answer.  This  Question  is  put  to  me  without  a  moment's  notice  of  the  reason  for 
inviting  my  attendance  before  this  committee,  and  relates  to  a  matter  which  was  brought  to 
my  attention  by  a  stranger,  and  which  did  not  belong  to  my  Department,  but  I  will  state 
the  facts  as  well  as  I  can  from  memory. 

Some  time  last  year,  a  Mr.  Stevens,  whose  given  name  I  do  not  remember,  and  whom  I 
do  not  personally  know  and  never  saw,  wrote  me  from  Cheyenne,  Wyoming  Territory  in- 
closing certain  papers  with  request  that  I  should  lay  them  before  the  President.  Subse- 
quently, and  I  should  say  some  months  afterward,  Mr.  Stevens  wrote  me  again  asking  that 
the  papers  be  returned  to  him.  I  returned  them  to  Mr.  Stevens,  who,  as  I  understand  resides « 
Cheyenne,  Wyoming  Territory,  and  was  formerly,  as  his  letter  advised  me,  employed  in 
the  office  of  the  surveyor-general  of  that  Territory.  I  cannot  undertake  to  state,  with  any- 
thing like  accuracy,  the  contents  of  the  papers,  which  passed  out  of  my  hands  some  months 
ago.  I  ought  to  say  that  there  was  nothing  in  the  papers  inclosed  in  Mr.  Stevens's  letter 
implicating  the  then  Secretary  of  the  Interior,  Mr.  Delano,  so  far  as  I  remember  in  any  in 
proper  transaction. 

Q.  Was  there  among  those  papers  a  letter  from  the  Secretary  of  the  Interior  addressed  to 
Mr.  Stevens,  or  to  any  other  person,  in  which  he  spoke  of  the  liberality  of  these  people  in 
compensating  his  son  John  for  any  services  rendered  t— A.  I  think  not."  I  think  there  was 
a  letter— and  I  speak  with  great  hesitancy,  because  it  was  not  a  matter  of  my  own  and  I 
did  not  charge  my  memory  particularly  with  it.  I  did  with  the  papers  only  what  teemed  to 
be  a  matter  of  duty,  and  in  pursuance  of  the  request  of  the  writer.  I  think  there  was  a  let- 
ter from  the  late  Secretary  of  the  Interior  to  the  surveyor-general  of  the  Territory,  thanking 
mm  tor  some  kindness  toward  his  sou,  who,  it  appears,  had  been  out  there :  but,  so  far  ail 
recollect,  tin  n  was  nothing  in  the  letter  relating  to  any  compensation  or  money  transaction 
in  terms,  or  by  any  implication  that  occurred  to  me.  On  reflection,  I  think  Mr.  Stevens'* 
letter  did  not  cover  any  letter  from  the  Secretary  of  the  Interior,  l.ut  that  the  writer  Ste- 
vens, said  be  hud  seen  a  letter  from  Secretary  Delano  to  the  surveyor-general,  thanking  (ho 
latter  for  his  kindness  to  his  (the  Secretary's)  son.  I  hope  I  may  be  permitted  to  add  to 
that  answer  that  I  was  a  good  deal  embarrassed  by  having  the  papers  placed  in  my  posses- 
they  raiiM-  to  me  from  an  entire  stranger.  Why  he  should  have  sent  them  to  me  I 
<lo  I,,,;  know. 

Q.  State  what  the  papers  related  to.— A.  The  papers  related  to  surveying  contracts  in 
ng  Territory.    I  am  sorry  that  I  cauuot  give  the  full  name  of  Mr.  Stev 

COIMII. 

Q.  Was  Mr.  St.  v,  us  the  surveyor  ?— A.  I  tlm  ..u«  was  a  clerk  or  a  deputy,  or 

hold  some  office  in  the  survey  or- gen.  r  ^aid  he  held  some  po* 

was  not  the  surveyor-general.     V  is  that  the  surveyor-general's  name  was 
Reed. 

Q.  Will  you  state  for  what  purpose  you  were  requested  to  laj  the  papers  before  the  Preal- 


2  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

dent? — A.  I  cannot  say  that  the  purpose  was  expressed  in  the  letter  of  Mr.  Stevens  to  me. 
I  think  I  returned  the  whole  of  the  papers,  including  Mr.  Steveos's  letter,  to  him.  I  will 
not  be  positive  about  the  return  of  his  letter,  but  I  know  I  returned  the  inclosures  to  him, 
at  his  request. 

Q.  What  were  those  papers  ? — A.  It  is  impossible  for  me  to  state  definitely.  I  did  not 
feel  that  it  was  a  matter  connected  with  my  Department,  or  in  connection  with  which  I  was 
charged  with  any  official  duty.  There  were  peculiar  circumstances  surrounding  me  at  the 
time  which  embarrassed  me  very  much  by  having  the  papers  come  into  my  possession,  and 
when  Mr.  Stevens  called  for  them  I  returned  them  to  him.  I  ought  to  repeat  that,  so  far 
as  I  have  any  recollection  at  all,  there  was  nothing  in  the  papers  inclosed  in  Mr.  Stevens's 
letter  involving  the  Secretary  of  the  Interior  in  any  improper  transaction. 

Q.  Was  there  anything  in  the  papers  involving  any  other  person  in  any  improper  action ; 
and,  if  so,  whom  ? — A.  On  their  face  they  did. 

Q,  Who  was  that  person  ? — A.  The  surveyor-general  of  the  Territory  and  Mr.  John  Delano, 
the  son  of  the  Secretary  of  the  Interior.  I  ought  to  add  that  I  saw  but  one  side  of  the  matter, 
and  do  not  know  but  what  there  is  a  perfect  explanation  of  that. 

Q.  In  what  way  did  they  involve  the  surveyor-general  and  the  Secretary's  son  in  any  im- 
proper action  ? — A.  The  papers  indicated  that  there  had  been  an  interest  in  a  surveying  con- 
tract set  apart  for  Mr.  John  Delano.  I  am  not  at  all  familiar  with  the  business  of  a  surveyor- 
general's  office,  and,  perhaps,  have  less  knowledge  of  it  than  any  gentleman  ot  this  com- 
mittee. I  mean  to  say  that  I  know  nothing  of  the  business  of  such  office,  but,  according  to 
my  recollection,  the  papers  showed  that  when  certain  contracts  were  given  to  deputy  sur- 
veyors—and  I  do  not  know  that  that  is  the  proper  designation — or  to  persons  who  did  the 
work  of  surveying  at  particular  rates,  that  a  part  of  the  contract-price  was  reserved  for  Mr. 
John  Delano. 

Q.  Can  you  state  what  that  amounted  to  ? — A.  I  cannot. 

Q.  Was  it  not  about  $60,000? — A.  O,  no  ;  nothing  like  it.  So  far  as  these  papers  showed, 
I  should  say  from  my  best  recollection  it  was  not  to  exceed  four  or  five  thousand  dollars — 
perhaps  not  over  two  or  three  thousand.  I  do  not  state  the  amount  with  positiveness,  but  I 
think  it  was  a  few  thousand  dollars. 

Q.  I  believe  you  have  already  stated  that  you  do  not  know  the  name  of  the  surveyor- 
general? — A.  I  think  his  name  was  Reed,  as  I  have  stated  heretofore.  My  impression  is 
that  he  has  been  removed,  and,  while  I  don't  know  the  fact,  I  have  an  impression  on  my 
mind  that  his  removal  resulted  from  this  information.  I  laid  the  papers  before  the  President 
because  the  writer  requested  me  |o  do  so,  and  because  I  deemed  it  my  duty,  arid  I  re- 
quested the  President  to  return  them  to  me  for  the  same  reason ;  that  is,  that  the  writer  re- 
quested me  to  get  them  and  to  return  them  to  him. 

Q.  Do  you  know  certainly  that  you  have  returned  all  those  papers  to  Mr.  Stevens  ?— A. 
I  am  very  sure  I  returned  all  the  inclosures  of  his  letter.  Whether  I  returned  his  original 
letter  or  not  I  cannot  state  positively  without  looking  over  my  own  files. 

Q.  If  you  still  have  that  letter  you  can  produce  it,  can  you  not? — A.  Undoubtedly  I  can. 
It  is  entirely  possible  that  if  I  did  not  return  the  letter  I  may  have  destroyed  it,  but  I  will  look 
at  my  files,  ani  if  it  is  there,  it  is  at  the  service  of  the  committee.  I  ought  to  add  that  the 
letter  indicated  that  there  had  been  some  personal  difference  between  the  writer  and  the 
surveyor-general,  and,  possibly,  Mr.  Delano.  At  any  rate,  I  saw  that  it  was  a  personal 
quarrel  to  which  I  did  not  want  to  become  a  party. 

Q.  How  long  before  Mr.  Delano  resigned  did  this  transpire  ? — A.  I  cannot  answer  that 
question  with  any  definiteness.  I  think  the  papers  came  to  me  some  time  during  the  spring 
or  summer,  but  really  I  do  not  remember  the  time,  nor  can  I  say  certainly  when  Mr.  Delano 
resigned,  though  I  think  in  September  or  October. 

Q.  You  do  not  remember,  then,  whether  his  resignation  was  accepted  a  short  time  after 
the  President  came  into  possession  of  the  knowledge  of  the  facts  in  relation  to  this  matter  ? — 
A.  I  cannot  state  the  time  with  anything  like  definiteness. 

Q.  To  whom  was  the  letter  from  the  Secretary,  thanking  the  person  for  attention  paid  to 
his  son,  addressed  ? — A.  I  repeat  that,  on  reflection,  I  think  Mr.  Stevens's  letter  to  me  con- 
tained no  letter  from  Secretary  Delano,  but  that  Mr.  Stevens,  in  his  letter  to  me,  said  he 
had  seen  such  a  letter  from  Mr.  Delano  to  the  surveyor-general,  as  I  have  before  stated. 

Q.  The  only  evidence,  then,  as  I  understand,  of  the  fact  that  John  Delano  had  received  a 
portion  of  the  money  that  was  rea'ized  by  the  contract  was  contained  in  the  letter  of  Mr. 
Stevens  ? — A.  I  do  not  wish  to  be  so  understood. 

Q.  Please  state  what  evidence  there  was  of  fraud  in  the  other  papers  accompanying  the 
letter. — A.  The  papers,  as  I  remember  them,  were  checks  ;  by  whom  drawn,  I  cannot  say. 
There  were  some  bank-checks,  and  the  paper  to  which  Mr.  Stevens  seemed  to  attach  great- 
est importance  was  a  draft,  which  bore  the  indorsement  of  Mr.  John  Delano.  The  amount 

do  not  remember  definitely,  but  I  think  it  was  about  $1,000. 

Q.  By  whom  was  the  draft  drawn  ? — A.  It  was  a  draft,  according  to  my  recollection,  of 

bank  at  Cheyenne,  drawn  on  New  York.     I  do  not  recollect  to  whose  order  it  was  paya- 
ble, but  one   of  the  indorsements  purported  to  be  made  by  John  Delano.     His  name  was  on 
Mr.  Stevens,  in  his  letter,  alleged  that  the  draft  was  part  of  the  proceeds  of  a  surveying 
xontract. 


GOVERNMENT    SURVEYS    IN    WYOMING    TERRITORY.  3 

Q.  In  addition  to  that  draft,  I  understand  yon  to  say  there  were  checks  ?— A.  I  thinfc  one 
or  more  bank-checks,  and,  perhaps,  two  or  three  notes. 

Q.  Do  you  remember  the  amount  of  the  checks  or  notes  T — A.  I  do  not. 

Q.  Can  you  remember  to  whose  order  they  were  drawn  f — A.  I  cannot.  My  impression 
is  that  Mr.  Stevens,  in  his  letter,  claimed  to  have  kept  the  account  himself  and  to  have  made 
the  deposit,  drawing  the  checks  and  paying  the  money,  but  to  whom  he  claimed  to  have 
paid  it  I  do  not  recollect. 

t,».  What  was  the  date  of  this  letter?  Was  it  subsequent  to  the  date  of  the  check  or  the 
draft,  or  prior  thereto  '—A.  I  cannot  state  about  that.  I  do  not  remember. 

Q.  Do  you  remember  whether  there  were  any  other  documents  in  the  package  of  papers, 
excepting  the  drafts  and  checks,  that  would  indicate  any  irregularities  on  the  part  of  Mr. 
Delano,  excepting  the  letter  of  Mr.  Stevens  himself— his  own  allegations  f— A.  None  at  all. 
Among  the  papers  sent  me  by  Mr.  Stevens  was  a  letter  from  John  Delano  to  the  surveyor- 
general,  but  my  recollection  of  its  contents  is  not  sufficiently  distinct  to  enable  me  to  speak 
with  any  degree  of  certainty  about  it.  My  best  recollection  is  that  it  gave  the  surveyor- 
general  direction  as  to  how  a  certain  contract  should  be  made  and  in  whose  name. 


,  March2S,  1876. 
BENJAMIN  H.  BRISTOW  recalled. 

By  the  CHAIRMAN  . 

Question.  Is  there  anything  further  you  desire  to  state,  Mr.  Secretary,  in  relation  to  this 
matter?  If  so,  we  would  like  you  to  state  it. — Answer.  I  can  state/Mr.  Chairman,  that 
since  I  was  before  the  committee  the  other  day  I  have  examined  my  riles  and  do  not  find 
that  I  have  retained  any  of  Mr.  Stevens's  letters.  Whether  I  returned  them  to  him  or  de- 
stroyed them  I  cannot  say. 

By  Mr.  BOONE  : 

Q.  I  believe  you  said  you  would  give  us  his  given  name? — A.  Yes,  sir ;  I  find,  from  a 
letter-press  copy,  that  my  letter  dated  July  1st,  returning  the  papers,  was  addressed  to  Mr. 
L.  C.  Stevens.  I  find  by  this  letter  that  his  letter  to  me  inclosing  the  papers  was  of  date 
24th  of  March. 

Q.  You  spoke  of  some  notes.  Do  you  remember  by  whom  they  were  drawn  and  by 
whom  they  were  given,  and  were  they  ordinary  notes  of  hand — promises  to  pay  T — A,  The 
names  of  the  parties  were  all  wholly  unfamiliar  to  me,  and  I  cannot  give  them,  although  my 
impression  is  that  the  notes  were  alleged  by  Mr.  Stevens  to  be  given  by  the  deputy  survey- 
ors, or  the  parties  who  had  the  surveying  contracts.  I  don't  know  that  that  is  what  they  are 
called.  To  whom  they  were  payable  1  cannot  answer,  although  Mr.  Stevens  alleged  they 
were  executed  for  the  benefit  of  John  Delano. 

By  the  CHAIRMAN  : 

Q.  You  returned  the  papers  on  the  1st  of  July  f— A.  Yes  ;  and  I  find  by  this  letter  that 
the  date  of  his  letter  inclosing  them  to  me  was  the  24th  of  March. 

Q.  Have  yon  any  idea  what  the  date  was  when  you  received  his  letter?— A.  I  have  not ; 
I  suppose  I  received  it  in  the  ordinary  course  of  mail. 

Q.  That  would  bring  it  here  about  the  1st  of  April  f— A.  Somewhere  about  that  I  should 
say,  though  I  Imve  no  independent  recollection  of  it  at  all. 

Q.  (  a.  how  long  after  you  received  the  letter  it  was  before  you  ]aid$t  before  the 

President  f— A.  It  was  a  very  few  days. 

'/  H»w  I..!--  dkl  the  papers  remain  with  the  President  T— A.  From  that  time  until  about 
the  1st  of  July.  th.>  time  that  1  returned  them.  I  think  I  did  not  keep  them  in  my  hands, 
perhaps,  not  a  day  after  I  received  them.  I  think  I  returned  them  the  day  I  received  them. 

(t>.  1  ><>  von  know  whether  the  President  sent  for  Mr.  John  Delano  and  had  an  interview 
with  him  about  the  matter  .' — A.  I  do  n«»t. 

<t>.  1 1  1  vi.u  ever  have  mi  interview  with  the  President  yourself,  after  that  time,  in  relation 
,;  A.  I  did  n..t  ;  1  Imd  no  interview  with  the  President  on  the  subject,  except  when 
I  laid  the  papers  before  him,  and  then  expressed  no  opinion  whatever. 

By  Mr.  B<> 
Q.  Can  you  state  when  Mr.  Delano  resigned?— A.  I  think  in  September  or  October. 

By  the  CHAIKM  \N  . 
Q,   11     M-i^imtion  was  ao-.-pted,  you  mean,  in  September  or  October  ?— A.  Well,  what  I 

.  he  \\.-nt  <ut  i>t  ..Hire  in  September  or  October. 

Q.  Do  you  know  about  the  date  of  his  resignation  f— A.  I  do  not;  I  suppose  I  hare  Man 
it  pulili-hed  iii  the  impem,  but  have  no  recollection  M  to  date. 

^  on  have  „„  knowledge  of  the  time  when  ex-Secretary  Delano  tendered  his  resigna- 
tion U  -A.  1  have  not. 


4  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q»  Was  cr  was  not  this  subject  discussed  in  Cabinet  meeting  prior  to  the  time  that  Secre- 
tary Delano  resigned  ?— A.  At  no  time  when  I  was  present,  and  at  no  other  time  so  far  as  I 
know  or  am  informed. 

<J.  Do  you  know  how  long  Surveyor-General  Reed  retained  his  position  after  these  facts 
came  to  the  knowledge  of  the  President  ? — A.  I  do  not,  sir. 

Q.  There  never  was  any  investigation  of  this,  so  far  as  you  know,  by  the  Interior  Depart- 
ment ?— A.  I  don't  know  of  any,  and  I  should  not  have  known  of  any,  perhaps,  if  it  had 
occurred. 


WASHINGTON,  D.  C.,  March  31,  1876. 
SILAS  REED  sworn  and  examined. 

By  the  CHAIRMAN  : 

Question.  What  are  you  engaged  in  at  present  ?  —  Answer.  I  am  not  engaged  in  any 
regular  business  in  particular  at  present. 

Q.  Where  do  you  reside?—  A.  I  have  been  residing  in  Wyoming  for  the  last  six  years.  I 
was  United  States  surveyor-general  there. 

Q.  Tell  what  time  you  were  surveyor-general  ?  —  A.  Until  the  23d  of  September  last. 

<Q.  And  you  held  that  position  for  six  years,  did  you  ?  —  A.  Very  nearly  —  say  six  survey- 
ing seasons.  Saint  Louis  has  been  my  standing  home  for  thirty  -nine  years.  I  consider  that 
my  chief  home  now. 

Q.  Were  you  removed  or  did  you  resign  ?  —  A.  I  resigned,  sir.  I  found  that  letter  in  my 
valise  this  morning.  I  did  not  know  1  had  it  with  me.  You  can  examine  it.  [Paper  pro- 
duced. ]  That  is  the  President's  letter  accepting  my  resignation. 

The  letter,  which  is  marked  "  Exhibit  A,"  reads  as  follows  : 

"  LONG  BRANCH,  N.  J.,  August  7,  1875. 

"'DEAR  SiR:  Your  letter  of  resignation  of  the  30th  of  July,  was  duly  received,  but  has 
not  been  acted  upon  until  now.  I  have  this  day  forwarded  it  to  the  Secretary  of  the  In- 
terior, with  instructions  to  accept  it,  to  take  effect  on  the  10th  of  Sept.,  or  as  soon  there- 
after as  your  successor  may  qualify.  In  accepting  your  resignation,  allow  me  to  say  that 
I  know  of  no  reason  to  be  dissatisfied  with  your  administration  of  the  office  of  surveyor- 
general.  On  the  contrary,  I  believe  it  has  been  efficiently  and  advantageously  to  the  Gov- 
ernment filled  during  your  entire  administration. 

•"With  sincere  wishes  for  your  welfare,  and  assurances  of  my  personal  friendship,  I  am, 
-very  truly, 

"Your  obedient  servant, 

"U.  S.  GRANT. 
-"Dr.  SILAS  REED, 

"  Surveyor-  (.ienerdl,  Wyoming  Territory.11 

'Q.  Had  you  ever  had  any  communication  with  the  President  prior  to  the  date  when  you 
tendered  your  resignation  ?  —  A.  I  saw  him  personally  frequently. 

Q.  Did  you  come  on  to  Washington  and  see  him  personally  ?  —  A.  No  ;  I  was  here  last 
winter  and  spring  most  of  the  time,  pursuing  a  claim  here  (in  this  Congress)  of  mine  for 
•property  taken  in  Saint  Louis  for  custom-house. 

Q.  That  was  during  the  winter  of  1874-1875?—  A.  Yes,  sir. 

<^.  Did  you  tender  your  resignation  while  here  ?  —  A.  No,  sir. 

Q.  Did  you  and  the  President  have  any  talk  at  that  time  about  your  resignation?  —  A.  I 
do  not  think  we  did.  The  last  time  I  saw  him  before  I  went  back  to  Wyoming  was  on  the 
29th  of  April.  I  had  a  long  talk  with  him  about  this  affair  then  ;  but  nothing  was  said 
about  my  resignation,  or  his  removing  me,  or  anything  of  the  kind. 

<J.  What  gave  rise  to  the  talk  about  this  affair?  —  A.  Because  I  found  that  this  chief 
•clerk  of  mine  had  been  purloining  papers  from  the  bank  and  from  my  office,  and  sent  them 
•down  here  to  Ex-Governor  Campbell,  and  Campbell  had  taken  them  to  Bristow,  as  I 
.learned,  and  Bristow  had  shouldered  them  and  taken  them  up  to  the  President,  and  had  it 
•telegraphed  over  the  country  that  grave  charges  had  been  filed  against  Mr.  Delano.  The 
looked  at  the  papers,  and  I  heard  of  it,  and  went  up  and  saw  him  the  29th  of 


.  You  knew  nothing  about  the  affair  until  you  saw  it  in  the  newspapers  ?—  A.  I  do  not 
tnow  whether  I  understand  your  question. 

Q.  Why,  the  first  intimation  that  you  received  that  these  papers  had  been  sent  on  by 
your  clerk  was  derived  through  the  newspapers  ?  —  A.  O,  I  derived  it  here  at  that  time. 

Q.  Who  told  you  ?  —  A.  Well,  I  think  I  got  the  first  information  here  on  my  arrival  from 
iSaint  Louis.  I  had  been  out  to  Saint  Louis  on  some  business  the  fore  part  of  April,  and  I 
returned  and  stopped  on  my  way  to  Boston  for  my  wife  and  took  her  with  me  to  the  mount- 
ains, and  I  derived  information  here,  whether  from  some  party  in  the  Land-Office  or  whether 
from  John  Delano,  I  would  not  be  certain  now,  but  I  might  have  got  it  from  both. 


pi  in 


GOVIRNMKM     SURVEYS    IN    WYOMING    TERRITORY.  .'» 

Q.  That  was  early  in  1875  ?— A.  I  pot  that  information  on  the  28th  of  April,  ii 
ing,  and  on  the  29th  I  went  to  see  the  President  to  see  whether  he  had  got  such  pap< 
found  that  he  had,  and  I  tokl  him  that  they  were  stolen  and  what  they  \\.  :•  .     He  said  that 
he  did  not  see  that  they  amounted  to  anything,  aud  he  had  not  seen  tit  to  speak  to  Mr.  Delano 
about  it.     I  remember  that  John  Delano  thought  that  Stevens  was  here  at  the  time,  and  I 
told  him  no,  he  was  still  acting  as  chief  clerk  at  my  office,  and  when  I  found  he  was  treacb- 
I  telegraphed  the  evening  of  the  29th  to  Cheyenne  his  removal  from  ray  office. 

1  /  Where  were  the  papers  at  that  time  ?— A.  I  suppose  they  were  in  the  President's  bands. 
I  understood  the  President  so. 

Q.  Did  you  ask  him  for  them  T — A.  Well,  I  don't  know  whether  I  did  or  not.  I  think  I 
may  have  asked  him  for  Mr.  John  Delano's  letters.  It  strikes  me  I  did,  but  I  ivn  . 
his  saying  that  he  would  return  them  to  John  Delano  to  whom  they  belonged  ;  that  he  had 
not  thought  enough  of  it  to  mention  it  to  Secretary  Delano  or  pay  any  attention  to  it,  and 
that  he  would  return  them  to  John  Delano.  That  is  my  impression  now,  although  I  would 
uot  like  to  be  positive. 

Did  you  and  the  President  look  over  the  papers  together  f — A.  No,  sir. 
Did  you  see  them  f — A.  No,  sir  ;  never  have  seen  them  since  they  were  stolen  from  my 
deal 

V.  Did  you  ask  him  to  let  you  look  at  them  ?— A.  I  cannot  be  positive.  Something  was 
said  about  the  papers. 

Q.  If  you  did,  he  refused  to  show  them  to  you,  did  he  ?— A.  If  J  did  ask  him  that,  I  think 
he  declined — I  remember  the  remark  he  made  that  he  would  hand  them  back  to  John  Del- 
ano. I  told  him  one  of  them  was  a  private  letter,  or  a  semi-official  letter  to  me,  and  I  did 
not  think  that  ought  to  be  floating  about,  because  it  would  be  misunderstood  or  misrepre- 
sented among  strangers. 

Q.  These  papers  were  sent  by  your  clerk  to  Ex-Governor  Campbell  and  by  him  given  to 
Secretary  Bristow  ? — A.  That  is  what  I  heard  ;  that  was  the  understanding. 

Q.  And  by  Secretary  Bristow  given  to  the  President  ? — A.  Yes,  sir. 

i  l<>\\  fs  it,  then,  that  they  belong  to  John  Delano  ? — A.  Because  that  was  his  letter,  and 
the  other  was  his  canceled  draft. 

Q.  To  whom  was  the  letter  addressed  ? — A.  To  me, sir. 

Q.  By  whom  was  the  draft  drawn  ? — A.  It  was  drawn  in  Mr.  Delano's  name,  by  our  bank. 

1  /.  Tii.-  draft  had  been  paid,  had  it  not  ?— A.  Yes ;  and  came  back  to  the  bank. 

(}.  Then,  if  it  was  John  Delano's  letter  to  you,  and  it  was  a  draft  to  John  Delano  which 
had  been  paid,  how  did  the  papers  belong  to  John  Delano  f— A.  The  canceled  draft  belonged 
to  our  bank,  really,  I  suppose. 

Q.  The  letter  belonged  to  you,  did  it  not  ?— A.  Strictly  speaking,  the  letter  belonged  to 
me. 

Q.  Still,  you  say  the  president  said  he  would  hand  them  to  John  Delano  because  th. 
longed  to  him  ? — A.  Well,  John  Delano  wrote  it  to  me.     I  do  not  know  what  he  thought 
about  it.     My  thought  in  saying  they  belonged  to  John  Delano  was  that  he  seemed  to  me 
the  most  rightful  owner,  after  they  were  out  of  the  hands  ot  our  bank,  and  my  office. 

Q.  You  knew  the  papers  did  not  belong  to  John  Delano  ? — A.  Well,  strictly  speaking,  I 
may  say  the  letter  belonged  to  me,  and  the  canceled  draft  to  our  bank. 

When  the  President  then  said  to  you  that  they  belonged  to  John  Delano,  ami  he  \- 
return  them  to  him,  did  you  correct  him  '—A.  He  did  not  make  that  remark,  that  they  fo- 
loniful  to  Delano — did  not  say  that. 

Q.  You  said  the  President  said  the  papers  belonged  to  John  Delano,  and  he  would  : 
till-in  to  him. — A.  Well,  I  am  giving  my  recollection  as  near  as  I  can.    I  know  very  well  be 
said  he  would  return  them  to  John  Delano,  hut  whether  he  used  the  remark  that  they  be- 
longed to  John  Delano,  I  cannot  say.   At  first  blush  it  seemed  to  me  they  belonged  to  John 
Delano. 

g.  There  were  other  papers  besides  this  letter  to  you  and  this  draft  T— A.  I  do  not  know, 
sir. 

(.,».  Were  there  not  some  notes  among  these  papers  f— A.  No  ;  I  do  not  think  there  were. 
there  not  some  checks  T— A.  I  do  not  know  of  any.     There  were  checks,  prob- 
ably, passed,  but  I  do  not  know  of  any  checks  in  the  hands  of  ih«  Pn  s  1     there  were 
checks,  they  were  stolen  out  of  our  bank.     I  have  not  discovered  them  missing  yet,  nor 
hunted  for  them. 

I  he  only  papers  that  you  knew  of,  theu,  were  John  Delano's  letter  addressed  to  you, 
Mis  draft  ?— A.  Yes.     Well,  I  remember  they  spoke  of  checks. 
\Vho  spoke  of  checks  '—A    Well,  the  parties  who  were  dUcusaing  this  thing  at  that 

Who  were  they  •— A.  I  heard   them  talk  around  the  newspaper  office*  up  thr: 
think  Boynton  spoke  of  them  as  checks  in  b  B.    1  apeak  now  only  my  impression. 

TotheCincimm:  -A.  One,  1  think,  to  the  Cincinnati  Gazette,  and  one  to  tbe 

Saint  Louis  Democrat,  aud  one  to  the  Chicago  Tribune. 

WH-,  that  the  only  means  you  had  of  knowing  there  were  notes  and  checks  amouf 
these  papers  t— A.  Yes.    I  have  never  seen  them  since  they  have  been  here. 

nly  information  you  had  on  that  subiect  is  what  you  taw  in  the  newspaper*  f— 
!  it  in  that  way  and  in  convert 


6  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

r  Q.  With  whom  was  this  conversation  ? — A.  I  talked  with  several  here.  I  know  that 
John  Delano  told  me  he  had  inquired  into  it  pretty  thoroughly,  and  that  this  canceled  draft 
had  come  here,  and  some  of  his  letters  had  come  here,  and  checks. 

Q.  Did  not  say  anything  about  notes  ? — A.  No,  sir. 

Q.  Did  John  Delano  tell  you  where  he  got  his  information,  or  from  wrhom  he  got  it ! — A. 
I  do  not  remember  now  that  he  did.  I  know  he  said  Stevens  was  here,  and  he  brought 
down  these  papers  from  Cheyenne,  and  they  had  been  given  to  Campbell,  and  Campbell 
had  given  them  to  Bristow,  and  Bristow  to  the  President.  I  asked  the  President  who  gave 
them  to  him.  He  would  not  tell  me ;  but  I  found  out  it  was  Bristow  who  took  them  up, 
and  that  tallied  with  Boynton's  flash  telegram  of  J9th  or  20th  of  April. 

Q.  Who  told  you  that  Bristow  had  taken  them  to  the  President  ? — A.  John  Delano,  for 
one.  I  remember  this  distinctly.  I  do  not  know  that  I  could  name  any  others  now.  I 
know  it  was  talked  around  in  the  circle  of  my  acquaintance  here  in  the  city. 

Q.  Did  John  Delano  tell  you  that  he  had  had  an  interview  with  the  President  in  relation 
to  the  papers  ?— A.  I  do  not  remember  that  he  did. 

Q.  I  wish  you  would  try  and  remember  whether  or  not  he  told  you  he  had  had  an  inter- 
view with  the  President  in  relation  to  this  matter. — A.  Well,  I  do  not  remember  whether  he 
did  or  not,  and  still  I  would  not  be  surprised  if  he  told  me  he  got  this  information  from  the 
President.  I  will  not  be  positive  now. 

Q.  You  think  he  told  you  that  ? — A.  Well,  I  will  not  say  that  T  even  think  so  ;  but  since 
you  recall  my  mind  to  it,  I  am  rather  under  the  impression  that  he  said  he  had  seen  the 
President  and  talked  with  the  President ;  but  I  am  not  positive  at  all  on  that  point. 

Q.  Do  you  remember  whether  he  told  you  that  the  President  had  sent  for  him  ? — A.  No  ; 
I  do  not  believe  he  did.  I  do  not  remember  anything  of  that  kind.  Some  papers  stated  so, 
I  think. 

Q.  But  you  think  he  did  tell  you  that  he  had  had  an  interview  with  the  President  about 
the  papers  ? — A.  I  say  I  think  he  may  have  told  me  that.  My  mind  is  not  clear  about 
that,  or  what  he  said  about  that.  I  know  he  had  the  impression  that  Stevens  was  here — 
must  be  here  ;  and  when  I  came  in  on  the  evening  of  the  2dth  of  April,  1875,  and  met  him, 
I  did  not  know  that  there  was  anything  going  on  in  this  line  until  I  met  him  at  his  hotel. 

Q.  You  say  you  telegraphed  on  the  29th  of  April,  removing  Mr.  Stevens  ? — A.  Yes,  sir. 

Q.  Did  you  appoint  his  successor  immediately  ? — A.  Yes ;  I  appointed  a  man  to  take 
charge  of  the  office  until  I  got  there. 

Q.  Who  was  that? — A.  One  of  my  deputies,  who  had  been  chief  clerk  before  Stevens. 

Q.  What  was  his  name  ?— A.  Charles  J.  Reed,  of  Iowa. 

Q.  Is  he  a  relative  of  yours  ? — A.  Yes,  sir  ;  a  nephew  of  mine.  He  had  been  chief  clerk 
a  couple  of  years  when  I  first  went  up  there. 

Q.  Did  you  re-instate  Stevens  ? — A.  No,  sir  ;  I  do  not  think  I  did. 

Q.  You  know  whether  you  did  or  not? — A.  I  know  that  I  did  not. 

Q.  Did  you  get  possession  of  these  papers  afterward  ? — A.  What  papers  ? 

Q.  The  papers  that  were  in  the  hands  of  the  President  ? — A.  No,  sir. 

Q.  You  never  saw  the  papers  after  they  left  your  office  in  Cheyenne  "1 — A.  No,  sir. 

Q.  Do  you  know  who  got  them  from  the  President  ? — A.  No,  sir. 

Q.  All  you  know  about  it  is  the  President  told  you  he  would  return  them  to  John  Dela- 
no?— A.  That  is  what  I  understood  him. 

Q.  You  knew  the  papers  belonged  to  you,  but  you  were  perfectly  willing  that  they  should 
be  in  the  hands  of  John  Delano  ? — A.  I  did  not  say  that. 

Q.  You  made  no  objection  to  the  President  returning  them  to  John  Delano  ? — A.  I  did  not 
want  to  parley  with  the  President  about  it,  for  he  did  not  think  them  of  moment  enough  to 
inquire  of  the  Delanos  about  it.  I  did  not  think  much  about  it,  or  care  much  about  it,  one 
way  or  the  other.  I  did  not  trouble  myself  particularly  about  it. 

Q.  You  do  not  know  what  became  of  the  papers? — A.  No,  sir  ;  only  what  I  read. 

Q.  Was  there  among  these  papers  a  letter  from  ex-Secretary  Delano  to  you?— A.  I  do 
not  know  wrhether  there  was  or  not.  I  read  of  a  letter  described  by  Stevens,  and  I  weot  to 
Mr.  Stevens  last  summer,  and  charged  him  with  taking  it  from  my  desk,  and  he  said  he 
had  not  the  letter.  I  said,  "  Have  you  that  letter  ?  I  cannot  find  it — the  letter  Mr.  Delano 
wrote  me  in  October,  alluding  to  this  matter;"  and  he  said  no,  but  he  had  seen  it,  and 
remembered  its  contents.  That  is  what  he  told  me  last  summer.  I  asked  him  how  he  got 
John  Delano's  letter  to  me.  I  said,  "You  purloined  that  out  of  my  desk."  He  said,  "No," 
I  had  handed  it  to  him  and  he  had  kept  it.  I  knew  better  ;  I  denied  the  truth  of  his  state- 
ment. 

Q.  Did  you  go  to  him  and  ask  him  to  return  the  letter  from  Ex-Secretary  Delano  to  you  ? — 
A.  I  forget  whether  I  asked  him  to  return  it.  I  went  and  asked  him  about  that,  and  some 
other  things. 

Q.  You  say  you  went  to  him  and  asked  him  for  the  letter  from  Ex -Secretary  Delano  to 
you?— A.  I  asked  him  if  he  had  taken  that  letter  out  of  my  desk,  and  he  said  no.  I  said, 
<s  I  think  you  have  ;  I  saw  it  referred  to  in  these  telegrams  in  the  matter  furnished  by  you/' 
and  he  said  he  had  only  looked  at  the  letter  and  remembered  it.  Well,  I  have  not  been 
able  to  find  the  letter  since,  and  I  think  he  purloined  it,  the  same  as  he  did  the  John  Delano 
letter. 


GOVERNMENT    STKVKYS    IN     W\O!  1RRITORY. 

tor. 

having 
An  interest  in  a  comraci  wmcn  wouiu  mwi  uia  o*pcuooo.     *  «v  »«/»  «*ju*ou»i»-»  ,ua.  what  I 

*  Q  You  think  you  mentioned  to  him  the  fact  that  he  had  an  interest  in  a  contract  that 
would  meet  his  expenses?— A.  Yes, something  to  that  effect.  In  his  reply  he  thanked  me 
t,,r  inv  kindness  toward  John  in  a  general  way. 

Q,  "What  was  the  word— "  Uin.lm-ss  "  or  "liberality  T  "—A.  I  should  say  "kindness;  I 
do  not  think  there  wis  any  "liberality"  stated  about  it— in  his  letter  or  mine. 

Q.  Was  it  kindness  or  favor  ?— A.  Well,  it  may  have  been  favor  or  kindness.  One  of 
those  wor-ls:  the  latt.-r,  I  believe. 

O.  What  was  this  kindness  or  favor  that  the  Ex-Secretary  alluded  to  t— A.  It  was  in 
regard  to  whatever  I  said  to  him.    He  hoped  I  would  be  careful  not  to  do  anything  that 
,1  look  like  compromising  him  or  his  Department  in  any  way. 

Q  He  advised  you  to  be  careful  ?— A.  Yes,  something  to  that  effect.  I  could  not  repeat 
the  language.  That  was  the  first  he  knew  anything  about  this,  as  far  as  I  know,  that  I  bad 
connected  John  Delano  in  a  contract  the  spring  before. 

Q.  When  did  John  Delano  arrive  in  Wyoming  Territory  ?— A.  He  did  not  get  there  until 

V.'  How  long  did  he  remain  t— A.  Well,  he  remained  some  time  ;  went  over  the  Territory 
with  me,  and  went  to  Utah  with  me,  and  around  over  the  mountains  a  good  deal.  He  went 
to  the  Colorado  Mountains  also. 

Q.  When  did  he  return  to  Washington  ?— A.  I  do  not  think  he  returned  to  Washington 
until  the  following  January,  as  far  as  I  know. 

Q.  In  how  many  contracts  did  Mr.  Delano  have  an  interest  ?— -A.  Well,  I  do  not  think  I 
could  repeat  them  without  reflection  ;  have  no  memorandum  with  me. 

Q  Repeat  some  of  them.— A.  Three  or  four  contracts.  They  were  very  small  contracts, 
the  most  of  them,  except  the  first  one,  and  that  was  as  small  as  the  usual  season  contracts. 

Q.  What  was  the  first  contract  for  ?— A.  Surveying  public  lands. 

Q.  Township  lines  ? — A.  Some  township  lines,  and  some  section  lines. 

Q    What  was  the  amount  of  that  contract  ?— A.  It  was  about  $4,000. 

n.   Who  was  the  contractor  ?— A.  One  of  my  deputies  by  the  name  of  Hammond  i 

Q.  \Vhat  was  his  first  nauie  ?— A.  He  signs  his  name  J.  Wesley  Hammond. 

(}.  Where  does  he  live  ?— A.  He  lives  in  Cheyenne. 

Q.  Has  he  a  contract  at  the  present  time  /—A.  No,  sir. 

<  •    What  was  John  Delano's  interest  in  that  contract?— A.  It  was  a  half  interest. 

•  '•    Then  he  realized  over  two  thousand  dollars  from  that  contract  ?— A.  No,  sir  ; 
not.'    When  I  say  "  half  interest,"  I  mean  half  of  the  proceeds  after  paying  bis  1m 
expenses,  and  paying  the  deputy  for  surveying  tis  portion  of  it,  at  the 
month,  for  his  individual  service.  ,     . 

Q.  What  was  the  amount  of  profits  that  he  realized   from  it 

B  other  contract  in  which  he  had  an  interest. — A.  Do  you  mean  to  whom 

^  to" whom  ^as  the  contract  given  T— A.  There  were  some  small  contracts  given  to 
some  of  the  deputies;  three  or  four  small  contracts.    This  contract  that  I  W**™* 
of  Mr.  Hammond's,  was  given  early  in  the  spring,  in  May,  1874,  so  that  he  "»&"§• 
field  very  early.    It  was  given  out  of  the  appropriation  of  the  yea '  P">vious,  an  old 
of  appropriation,  with  a  view  to  get  them  to  the  field  early,  and  that  ^•jAJjJldi 
tin-in  at  that  time  in  that  way.     There  was 
that  I  had  set  aside  a  certain  amount  of  w 
and  do  it,  or  furnish  a  good  man  to  go  in  D 
reliable,  experienced,  and  honest  deputy,     v 

a  contract,  and  that  he  might  suggest  some  nt»u  »-.—  - — 

a  partner  of  his,  they  remonstrated  against  introducing  more  new  men  w  he  offi^.  1  b* 
a  good  many  deputies,  and  they  did  not  want  any  new  ones  to  be  mtro  M*  \\  .  .  .  t .  • 
proposed  that  they  would  prefer  to  do  this  work,  and  work  ^ft00**^1^  Mr 

as  his  partners,  on  the  same  principle  as  though  they  were  all  in  thefi 


part  11.  rs,  on  the  same  principle  as  i  uwjr  »  '--, ,   *     ~, 

ft  name  would  have  bin  in  the  <"*£*£*»*£  SS.^S  dv?n!r*aml  whSl  £ 

-M-*™  eanifl  ^ 


there,  and  roftV* 

,,,uti,-s,,th.-r  H.-,Mirat.-o.ii- 

>,  it  was  divided  up  into  small  parts 
around  among  them. 


8  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  John  Delano's  name  did  not  appear  in  any  of  the  contracts  ? — A.  No,  sir. 

Q.  It  has  not  been  your  habit  to  give  contracts  to  persons  who  were  not  practical  survey- 
ors?— A.  Yes,  sir,  I  have,  but  put  a  practical  surveyor  with  them,  and  that  is  often  done.  ' 

Q.  Did  you  ever  do  that  to  any  person  except  John  Delano  ?— A.  Why,  yes,  to  several. 

Q.  You  did  award  a  contract  to  a  person  other  than  John  Delano  who  was  not  a  practical 
surveyor  ? — A.  Yes,  sir  ;  I  put  any  man's  name  in  whom  I  wanted  to  introduce  into  the 
service,  but  united  him  with  a  good,  experienced  surveyor. 

Q.  So  far  as  a  contract  was  concerned,  you  never  did  ? — A.  I  awarded  a  man  a  certain 
amount  of  work  to  do,  sometimes  not  a  practical  surveyor,  and  I  selected  a  good  deputy  to 
go  in  with  him,  or  if  he  selected  one  that  I  thought  was  perfectly  competent  I  approved 
him.  That  is  done  by  all  surveyor-generals. 

Q.  You  say  you  have  awarded  contracts  to  persons  who  were  not  practical  surveyors. 
Did  you  put  a  practical  surveyor  with  them  ? — A.  Yes,  sir. 

Q.  Did  the  papers  show  that  any  other  person  besides  John  Delano  had  a  contract  who 
was  not  a  practical  surveyor  1 — A.  Well,  if  I  understand  you,  I  say  no,  sir.  The  papers 
did  not  show  the  practical  from  the  non-practical  deputy. 

Q.  So  far  as  the  papers  showed,  then,  the  contract  was  always  with  a  deputy  ? — A.  Always 
with  my  old  deputies,  as  the  only  party  named  in  the  contract. 

Q.  But,  in  fact,  it  was  with  some  other  person  ?— A.  In  fact  another  person  had  an  inter- 
est as  a  partner  in  the  work  set  apart  to  him  by  me. 

Q.  The  contract  was  made  with  some  other  person  and  the  deputy  simply  appeared  in  the 
papers'? — A.  No;  the  contract  was  written  in  the  name  of  the  deputy  who  performed  the 
work.  The  contract  of  so  much  surveying  was  awarded  to  another  party,  and  these  deputies 
took  it  as  partners  in  equal  profits,  and  had  the  contracts  made  in  their  names,  only  in  the  case 
of  John  Delano,  and  they  worked  it  up  and  divided  the  profits,  after  paying  all  expenses 
and  paying  themselves  for  their  work,  as  deputies  on  his  half,  at  the  rate  of  $125  a  month. 

Q.  What  other  persons  besides  John  Delano  had  interests  in  these  contracts  ? — A.  The 
men  whose  names  would  appear  in  the  contract — my  old  deputy,  Mr.  Hays  ;  and  Mr.  Thomas, 
I  think,  is  another. 

Q.  Mr.  Thomas  had  an  interest  in  a  contract  ? — A.  Yes ;  he  was  surveying  all  summer 
for  himself  first. 

Q.  What  other  people  had  interests  in  these  contracts  who  were  not  practical  surveyors, 
besides  John  Delano  f — A.  Nobody. 

Q.  Then  you  take  back  what  you  said  awhile  ago  ? — A.  You  are  speaking  of  contracts 
of  1874.  You  asked  me  if  I  ever  put  anybody  into  a  contract  that  was  not  a  practical  sur- 
veyor. I  told  you  I  had. 

Q.  Well,  tell  me  who. — A.  The  two  Downeys,  of  Laramie  City,  in  1870,  after  acting 
awhile  as  learners  to  old  deputies.  I  took  deputies  with  me  when  I  went  there.  I  had 
been  an  old  surveyor-general,  and  I  took  with  me  from  Missouri  those  whose  honesty  I  could 
trust  in  the  spring  of  1870,  and  I  kept  them  with  me  all  the  time,  so  that  my  surveys  on  the 
ground  are  particularly  represented  by  the  notes.  The  corners  are  there,  too. 

Q.  What  other  persons  besides  the  two  Downeys  and  John  Delano  had  interests  in  these 
contracts  ? — A.  This  I  now  refer  to  was  away  back  in  the  beginning  of  my  administration. 
The  Downeys'  names  were  in  their  contracts.  I  had  to  drill  men  who  were  not  thorough 
surveyors  at  that  time — work  them  in  with  old  surveyors.  I  had  to  use  the  solar  compass 
in  all  cases,  and  it  took  a  good  deal  of  practice  to  learn  the  use  of  it.  The  Downeys  were 
contractors. 

Q.  Do  you  mean  to  say  that  surveyors  were  so  scarce  at  that  time  that  you  had  to  teach 
men  the  art  of  surveying  ? — A.  No,  sir ;  perhaps  not. 

Q.  What  do  you  mean? — A.  I  wanted  to  take  in  some  men  whose  honor  and  honesty 
and  fidelity  I  had  confidence  in,  and  I  educated  some  of  them  to  the  business  there  ;  and  I 
did  the  same  thing  when  I  was  surveyor-general  of  Illinois  and  Missou*i,  and  four  deputies 
became  surveyor-generals  afterward. 

Q.  Then  it  was  part  of  your  business  as  surveyor-general  of  Wyoming  to  educate  peo- 
ple in  the  art  of  surveying  ? — A.  Not  alone.  I  put  them  with  other  men. 

Q.  Why  did  you  put  such  men  in  when  you  could  have  practical  surveyors  in  the  first 
instance  ? — A.  I  did  not  know  who  I  could  trust. 

Q.  Did  you  award  contracts,  then,  to  men  who  were  not  practical  surveyors  simply  be- 
cause you  feared  you  could  not  trust  those  who  were  practical  surveyors  ? — A.  I  do  not  pre- 
tend to  say  I  awarded  a  contract  to  a  man  who  was  not  a  practical  surveyor,  unless  he  was 
in  partnership  with  a  man  who  was  a  practical  surveyor.  He  would  go  with  him. 

Q.  In  making  out  the  papers  of  these  contracts,  did  you  ever  insert  the  name  of  a  person 
who  was  not  a  practical  surveyor  1 — A.  Why,  yes  ;  certainly  I  have  ;  that  is  a  common 
thing. 

Q.  Now,  to  whom  did  you  award  a  contract  who  was  not  a  practical    surveyor  ? — A. 
Well,  sir,  the  very  first  or  second  contract  I  gave  to  an  old  deputy  who  came  up  from  Kan- 
sas, and  represented  himself  to  be  an  old  surveyor. 
Q.  He  was  a  surveyor  ? — A.  He  had  been  a  surveyor. 

Q.  You  have  stated  that  you  awarded  contracts  to  persons  who  were  not  surveyors? — 
A.  Well,  I  put  with  him  Captain  Windsor,  an  assistant  railroad  engineer. 


GOVERNMENT    SURVKYs    IN    WYOMING    TERRITORY.  9 

Q.  Was  the  contract  made  out  in  the  name  of  Captain  Windsor,  or  in  the  name  of  this 
surveyor  .'—A.  lu  the  name  of  both  of  them. 

(.,>.  I'..  A  hut  other  persons  did  you  award  contracts  who  were  not  practical  surveyors? — 
A.  Well,  I  made  a  great  many  rontniets,  and  it  is  pretty  hard  for  me  to  keep  the  run  of 
all  in  my  mind  now.  I  know  I  put  in  the  two  Downeys,  living  in  Laramie  Citj,  who 
were  surveyors,  but  not  United  States  contractors  before,  and  they  surveyed  a  good  deal 
since. 

Q.  Were  those  contracts  made  out  in  the  name  of  the  Downeys  ?— A.  They  were  made 
out  in  the  name  of  the  Downeys,  but  I  made  them  go  out  one  season  with  some  of  the 
deputies,  before  I  gave  them  a  contract,  to  learn  the  practical  part  of  United  States  sur- 
veying. 

Q.  You  sent  them  out  one  season  to  learn  the  art  of  surveying,  and  then  next  season  you 
gave  them  a  contract  ? — A.  Well,  that  is  about  it.  I  took  them  into  the  business  because 
they  were  there,  and  urged  upon  me  by  the  Laramie  people. 

Q.  Were  they  able  to  learn  the  art  of  surveying  in  a  few  months  ? — A.  Yes  ;  an  edu- 
cated man  who  gives  his  attention  to  it,  can  learn  how  to  do  it  in  six  months,  or  even  two 
months,  if  very  industrious. 

Q.  You  have  told  us  that  Mr.  John  Delano's  interest  in  the  first  contract  was  one-half. 
What  was  his  interest  iii  the  next  contract,  and  with  whom  was  it  made  ? — A.  Mr.  Hay  had 
a  small  contract. 

tt».  What  was  that  contract  for? — A.  That  was  for  surveying. 

Q.  How  much  t— A.  Well,  I  cannot  be  positive  about  that.  My  impression  is  that  it  was 
about  $  1,800 — three  townships  ;  that  is  as  near  to  it  as  I  remember. 

Q.  How  much  a  mile  ? — A.  Ten  dollars  a  mile  for  section  work. 

Q.  That  is  the  maximum  sum,  is  it  not  f — A.  Yes,  for  sectionizing  ;  that  is  what  the  law- 
allows. 

Cv>.  What  was  Mr.  Delano's  interest  in  that?— A.  One-half  the  profit  of  it;  whatever  was 
made  over  expenses. 

Q.  Do  you  know  what  the  profits  were  ? — A.  No,  I  do  not  know. 

Q.  In  what  other  contract  did  he  have  an  interest  ?—  A.  He  had  one  of  about  the  same 
amount  with  John  B.  Thomas. 

Q.  Was  that  for  surveying  township  lines  ? — A.  I  think  so. 

Q.  How  many  ? — A.  About  three  townships ;  not  less  than  that ;  might  have  been  a 
trifle  over  ;  there  would  be  a  fraction  of  a  township  sometimes. 

Q.  Ten  dollars  a  mile  ? — A.  Yes  ;  there  might  be  three  townships,  and  a  fraction,  as 
sometimes  was  the  case. 

Q.  That  contract  was  let  at  §10  a  mile  ?— A.  Ten  dollars  a  mile. 

Q.  All  let  at  the  maximum  sum  t— A.  Yes  ;  I  always  let  them  at  that  during  the  six 
seasons  I  was  there. 

Q.  Mr.  John  Delano  was  interested  in  the  contract  awarded  to  Mr.  Thomas  T — A.  Yes. 

<.,».  Do  you  know  what  that  amounted  to  ?— A.  No;  I  did  not  pay  any  attention  to  Hie 
outlay  of  any  of  them  but  the  first  one.  Mr.  Hammond  brought  me  his  account,  and  he 
told  me  what  it  cost,  and  the  profits  arising  to  both. 

(,>.  You  think  the  contract  amounted  to  $1,800  with  Thomas  ?— A.  Yes,  that  was  about 
it :  might  have  varied  a  little  from  that. 

cv>.  1 )«'«  s  not  the  surveying  of  three  townships  at$10  a  mile,  amount  to  more  than  $1,800? 
— A.  No,  sir  ;  That  was  the  uniform  price  I  paid  during  the  six  seasons  there.  It  is  gener- 
ally very  broken  ground  in  the  mountains ;  most  of  the  surveying  there  was  on  the  mount- 
ains. 

O.  What  is  the  length  of  all  the  lines  surveyed  in  three  townships  ?— A.  Sixty  miles  to 
each  township,  if  the  township  is  just  six  miles  square.  If  it  is  a  little  less  or  more,  as  it  is 
when  you  come  up  against  the  standard  lines,  it  would  overrun  or  underrun ;  but  awar 
from  the  standard  lines  it  is  six  miles  square,  and  that  gives  sixty  miles  of  surveying,  and 
at  $10  a  mile  it  makes  $600,  and  three  times  $600  would  be  $1,800. 

Q.  These  were  adjoining  townships  ?— A.  Yes,  generally;  the  contracts  show  that  for 
themselves. 

Q.  Was  it  necessary  to  run  over  the  lines  into  the  adjoining  township?— A.  They  sur- 
veyed each  township  by  itself.  They  would  not  go  over  the  line  until  they  had  surveyed 
the  township. 

Q.  Then  they  surveyed  the  lines  adjoining  townships  twice  ?— A.  No,  sir. 

By  Mr.  ANDERSON  : 

Q.  Were  you  sectionizing  the  township  in  surveying  it  '— A.  Ye* :  in-i-l.-  the  township 
boundaries. 

••.'•  CM  \IKV 

Q.  There  is  sixty  miles  of  lineal  measurement  in  a  townshij  I  ;  but  that  does 

not  include  the  boundary  lines.     They  are  surveyed  before.     This  is  what  is  called  sec- 
lionizing.     It  is  not  often  that  the  same  deputies  who  sect  ionise  survey  the  boundaries. 
utraets.    It  is  a  sort  of  a  check,  one  upon  the  other. 


10  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  Mention  the  next  contract  in  which  John  Delano  had  an  interest. — A.  Well,  there  was 
one  of  the  same  amount  with  Mr.  Alfred  N.  Rogers. 

Q.  Was  his  contract  to  survey  townships,  too  ? — A.  Yes,  sir ;  that  is  my  recollection. 

Q.  He  is  a  practical  surveyor,  is  he  ?— A.  He  surveyed  there  for  six  years. 

Q.  And  Mr.  Delano's  interest  in  his  contract  was  the  same  as  in  the  other  contracts — one- 
half?— A.  Yes. 

Q.  And  he  realized  from  it  about  $900,  you  think? — A.  O,  no.  When  townships  are  fair,. 
and  not  too  broken  or  too  rocky,  they  can  save  in  the  neighborhood  of  half.  Now,  if  they 
save  half  in  surveying  out  an  $1,800  contract,  it  costs  $900  or  more  to  survey  it,  (and  it  is 
very  expensive  to  survey  there,)  there  is  $900  left,  and  that  is  to  be  divided  between  the  two 
parties;  but  the  deputy  is  to  have  his  pay  in  addition;  they  charge  $125  a  month  for  the 
partner's  half. 

Q.  In  what  other  contract  did  Mr.  Delano  have  an  interest  ? — A.  He  had  an  interest  in 
another  small  one  with  Mr.  Reed,  former  chief  clerk  of  mine. 

Q.  What  was  that  contract  for  ? — A.  I  cannot  be  positive  whether  that  was  $1,800  or  not. 
It  seems  to  me  he  had  four  townships,  but  I  cannot  be  positive  about  that.  If  I  remember 
rightly,  he  did  not  survey  one  of  the  townships  that  was  in  his  contract.  I  think  he  left  one 
out.  I  cannot  be  very  positive  on  that  score.  I  think  there  was  one  he  did  not  survey; 
got  out  too  late  in  the  season,  perhaps.  It  was  $1,800,  I  think. 

Q.  Did  he  have  an  interest  in  any  other  contract  ? — A.  No,  sir. 

Q.  Did  not  these  deputy  surveyors  execute  notes  payable  to  Mr.  John  Delano,  or  to  some 
other  person  for  him,  before  they  entered  upon  the  work? — A.  No,  sir. 

Q.  How  was  John  Delano  paid  ? — A.  He  was  paid  by  the  deputies  after  the  contracts  were 
surveyed,  and  after  the  work  was  brought  into  the  office,  and  the  plats  made  out,  and  the 
field-notes  copied.  It  takes  three  or  four  months  after  the  deputy  comes  in  from  the  field, 
sometimes,  to  get  the  accounts  to  Washington  for  settlement  at  the  General  Land-Office. 

Q.  The  money  was  drawn  in  the  name  of  a  deputy  ? — A.  Yes  ;  always  is. 

Q.  John  Delano's  name  never  appeared  in  the  contract,  or  in  any  papers  connected  with 
it?— A.  No, sir. 

Q.  And  you  say  there  were  no  notes  executed  by  these  deputy  surveyors  ? — A.  Hammond 
made  some  note  about  it,  but  the  note  was  not  before  he  went  out ;  it  was  after  he  came  in. 

•Q.  Was  it  at  that  time  ? — A.  Yes  ;  after  the  accounts  and  cost  of  survey  were  known. 

Q.  These  notes  were  payable  to  John  Delano  ? — A.  Well,  I  do  not  remember  as  to  that ; 
I  think  not,  however.  They  were  not  given  to  him,  nor  sent  away  from  the  office. 

<J.  They  'were  executed  for  John  Delano's  use  ? — A.  Yes,  sir. 

Q.  Before  the  draft  was  drawn  for  the  surveys? — A.  When  they  found  out  what  the  profit 
would  be  between  them,  then  they  made  some  memoranda  of  it.  They  could  not  find  out 
what  the  profit  would  be  until  they  had  finished  the  work  and  got  back  to  the  office.  Most 
of  them  surveyed  that  year  400  miles  distant,  and  they  would  come  in  late  in  the  fall  and 
have  their  notes  examined  and  their  plats  made  out — three  plats  for  each  township — those 
notes  all  copied  to  come  along  with  the  plats  to  the  Land-Office,  and  the  account  to  come 
with  each,  approved  by  the  surveyor-general.  Then  when  they  had  examined  it  here,  after 
a  month  a  draft  would  issue  and  go  to  them.  But  when  this  amount  was  made  up,  then 
they,  by  calculating  their  expenditures  and  time  that  they  themselves  had  been  surveying, 
and  taking  them  out  of  the  sum-total,  they  knew  what  the  balance  was,  and  what  they  must 
divide  among  them. 

Q.  What  was  your  share  of  the  profits  of  the  surveys  ?— A.  Well,  I  decline  to  answer 
such  a  question  as  that,  sir. 

Q.  I  think  you  must  answer.— A.  No,  sir ;  I  do  not  think  it  is  a  proper  question  to  ask 
me,  if  I  may  be  allowed  to  say  it. 

Q.  Well,  sir,  you  are  not  to  be  the  judge  of  that.  You  were  an  officer  of  the  United  States 
— a  surveyor-general.  You  will  have  to  answer  unless  you  say  it  would  criminate  you. — A. 
No,  sir ;  I  say  it  would  not  criminate  me.  I  say  it  is  an  insulting  question.  And  I  say 
that  no  living  man  can  say  I  ever  received  a  dollar. 

Q.  Do  you  say  the  answer  will  not  criminate  you  ? — A.  Yes ;  I  do. 

Q.  Then  we  ask  you  to  answer  the  question. — A.  Then  I  say  no  dollar  came  to  me. 

Q.  You  received  no  portion  of  the  profits  of  these  contracts  ? — A.  No,  sir. 

Q.  Neither  directly  nor  indirectly  ?— A.  No,  sir  ;  not  that  I  know  of. 

<J.  Not  that  you  know  of  ? — A.  Not  that  I  remember  of. 

Q.  You  certainly  would  remember  whether  you  did  or  did  not  receive  any  portion  of  the 
profits  of  the  surveys,  either  directly  or  indirectly. — A.  Yes;  I  remember  very  distinctly  that 
I  did  not. 

Q.  You  say,  then,  upon  your  oath  that  you  received  no  portion  of  the  profits  of  these  con- 
tracts, either  directly  or  indirectly  ?— A.  I  am  not  conscious  of  receiving  anything,  sir. 

Q.  Among  the  papers  that  you  say  Mr.  Stevens  stole  from  your  desk,  there  is  a  draft,  I 
believe. — A.  No,  sir. 

Q.  Was  it  a  check  ?— A.  No,  sir. 

Q.  What  were  those  papers  besides  the  letter  from  Secretary  Delano  to  you  ? — A.  Nothing 
but  letters,  that  I  know  of. 

Q.  Was  there  more  than  one  letter  ?— A.  I  don't  know.     I  have  seen  one  in  print  that  Mr. 


GOVERNMENT    SURVEYS    IN    WYOMING    TERRITORY.  11 

John  Delano  sent  to  me  ;  I  have  seen  it  copied  and  represented  as  being  a  letter  to  me,  hut 
whether  is  a  true  copy,  I  dmi't  know. 

Q.  Who  has  thut  .'-A.  I  don't  know  who  has  it. 

o.  Who  showed  it  to  you  ?-A.  I  have  seen  only  a  copy  of  it  in  the  paper. 

O  What  paper?—  A.  Well,  I  saw  it  in  the  New  York  Tribune,  I  think,  and  in  a  little 
paper  published  in  Wyoming  since  I  came  away  from  there—  I  believe  I  have  it  with  me-* 
statement  purporting  to  have  been  made  by  Mr.  Stevens  to  Mr.  Boynton,  and  Mr  Boynton 
telegraphed  it  all  over  the  country.  It  is  a  statement  that,  while  there  is  some  little  shadow 
of  truth  in  it.  the  greater  part  of  it  is  a  lie,  as  stated. 

[Witness  produces  newspaper.] 

The  letter,  which  is  marked  Exhibit  B,  reads  as  follows  : 

"  INTERIOR  DEPARTMENT,  WA  N  D.  C.,  Slay  26,  1874. 

••  DEAR  GENERAL  :  I  have  been  detained  by  my  wife's  illness,  but  hope  at  last  to  get  off  to 
.saint  1'aul  by  Monday,  and  to  reach  Cheyenne  in  June.  I  shall  have  to  return  here  by  the 

•  June  on  my  wife's  account,  but  shall  go  back  West  for  the  summer  and  fall. 
"  Hope  you  will  be  able  to  put  Merriam  (I  think  it  had  better  be  in  his  name)  into  a  good 
contract  for  me.     I  shall  sadly  need  the  profits  for  my  summer's  outlay-out  of  office,  sick, 
unable  to  attend  to  my  own  affairs,  runs  me  behind  a  good  deal.     Thanks  for  your  kind 

"J.8.DKI..W. 
The  WITNESS.  I  don't  know  whether  that  letter  is  a  copy.    That  is  about  the  substance 


of  one  of  the  lethrs. 


e  etrs. 

O    Is  that  the  letter  that  was  forwarded  to  Secretary  Bnstow  ?—  A.  les,  sir. 
Q.  Among  the  papers  forwarded  to  Washington,  was  there  not  a  letter  £«• 
Delano  to  you  ?—  A.  I  don't  know.    Mr.  Stevens  said  he  did  not  take  it  ; 

g°0.ltbid  you  ever  have  any  communication,  either  oral  or  in  writing,  with  Ex-Secretary 
Delano  in  relation  to  these  contracts  ?-A.  No,  sir  ;  except  the  little  allusion  that  might  have 

"  °       er          ' 


Thf  Ex^rXwa°s  ?waerre  ofUi'e  fact  that  John  Delano  was  interested  in  these  con. 


tracts,  wa4  he  not?—  A.  I  don't  think  he  was  until  the  fall.  ncarrt>A  ,ft 

Q    Yet  he  alluded  to  the  fact  of  your  kindness  toward  John  ?—  A.  I  had  referred 
contract,  probably,  in  some  way  in  October,  when  I  wrote  to  him  casually. 

Q    In  your  letter  to  the  Secretary  t-A.  Yes,  sir;  I  did  not  keep  any  copy.     Nothing. 
That  is  the  first  he  knew  anything  about  it,  so  far  as  I  know. 

Q    You  informed  the  Secretary  in  October,  1874,  that  you  had  taken  John  into  a  number 
of  contracts  in  surveying  land  in  the  Territory  T-A.  No,  sir  ;  not  any  ^.^uf^^^v 

O.  What  do  you  mean,  then,  by  saying  you  alluded  to  it  in  your  letter  to  the  S< 
in  October  ?-A.  I  alluded  to  it  as  his  having  an  interest  in  the  contracts,  or  a  contract 

thQeTo  John's  interest  in  the  contracts  there  t-A.  Yes,  sir  ;  his  having  an  interest  there 
WhQte  W  "  fflT2£  bf^yo'u  tr  ^ffSSS^^  or  favor  to. 

Wa<Jd  g£l£&^%£Xfc*  the  Pr-dent,^  you  make  known  tot*  fl 
ident  that  John  had  interests  in  certain  contracts  T-A.  1  did  tell  him  so,  and  1 


VKi;  w^Uhri^noldhiniM,  John  DeUno  had  been  interested  in  some 
small  contracts  there.    They  were  all  small-every  one  of  *"^^  ~  !^Sji2 
his  work  up  among  those  who  wanted  it;  and   I  said,  ''IWSTSJSlS          l  , 
President,  that  John  is  a  private  citizen,  not  in  any  office,  and  that  there  ooj  aid  be  J»  obje* 
tion  to  my  using  him  in  a  contract  of  surveying  ;"  and  he  said, 
Delano  had  as  much  right  to  have  a  contract  as  any  other  private  citizen. 

Q.  Do^yoJ  know  for  what  purpose  John  Delano  w        o  Womin    ?-A.  Ye«,  sir;   h  IUD- 


very  probably,  and  get  well,  if  he  would  come  there  an<f  spend 

SSSrSte^WfiaS&l 

penses,  and  he  said  it  would  be  entirely  proper,  anB  thought  well  of  it,  and 


12  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

give  him  a  contract.  One  question  was,  at  that  time,  as  to  whether  I  should  use  his  name 
in  the  contract.  I  didn't  know  but  if  the  public  came  to  see  his  name  there  it  would  become 
a  matter  of  scandal  and  be  misrepresented,  and  ought  to  be  avoided  if  it  could ;  and  he  said, 
"  No ;  I  would  not  care  for  that.  He  has  as  much  right  to  have  a  contract  as  anybody.  He 
is  sick,  and  if  you  think  it  would  benefit  him,  give  him  a  contract ;  put  his  name  in,  and 
put  a  good,  experienced,  honest  deputy  with  him." 

Q.  That  conversation  took  place  here  in  Washington  with  Mr.  Drummond  ? — A.  Yes,  sir. 
I  think  in  February,  1874. 

Q.  Did  you  consult  the  Secretary  about  inviting  him  out  there  before  you  left  the  city  ? — 
A.  I  did  not  consult  him  about  giving  John  any  contract. 

Q.  Did  you  consult  Secretary  Delano  about  inviting  his  son  to  go  out  to  Wyoming  ? — A. 
No,  I  had  some  conversation  with  the  Secretary  in  regard  to  the  condition  of  his  son,  then 
in  Minnesota,  and  I  had  the  year  before,  when  he  was  sick  and  went  off  to  Texas  ;  and  I 
was  here  when  he  went  off  to  Texas  and  when  he  came  back,  and  I  said  he  ought  to  go  to 
the'  mountains.  I  urged  upon  John,  in  all  my  conversations  with  him,  to  go  to  the  mount- 
ains. That  was  in  May  and  June,  1873. 

Q.  Did  you  talk  with  the  Secretary  after  that  in  regard  to  it  ?— A.  I  talked  about  his  going 
to  the  mountains. 

Did  he  agree  he  might  go? — A.  No,  sir;  nor  object. 

\.  Did  you  tell  the  Secretary  you  would  give  him  an  interest  in  these  contracts  ? — A.  No. 
I  did  riot  know  that  he  knew  anything  about  it  until  it  was  all  over.  Some  time  in  the  fall 
of  1874  there  was  some  allusion  about  it  by  myself,  and  then  he  replied  to  it  in  this  letter 
spoken  of.  He  did  not  know  it  through  me  that  his  son  was  to  have  a  contract  or  any  in- 
terest in  the  contracts  whatever. 

Q.  You  talked  with  the  Commissioner  of  the  Land-Office  about  giving  him  a  contract. 
Did  you  not  make  known  the  same  intention  to  the  Secretary  of  the  Interior  ? — A.  I  did 
not. 

Q.  Was  it  understood  with  John  before  he  went  out  there  that  he  was  to  have  an  interest 
in  contracts  ? — A.  Yes,  sir  ;  I  used  it  as  an  argument  to  get  him  there. 

Q.  Why  were  you  so  anxious  to  have  him  out  there  ?— A.  I  felt  friendly  to  him  and  the 
Secretary.  He  was  the  only  son  of  Secretary  Delano,  and  I  knew  he  felt  very  anxious  about 
him.  I  knew  I  had  lost  my  only  son,  and  how  I  felt  under  the  circumstances.  I  knew  that 
he  was  in  great  danger  of  dying,  for  I  am  a  physician,  and  it  was  a  kind  of  a  contest  be- 
tween his  New  York  doctor  and  myself  as  to  whether  he  should  go  farther  than  Minnesota. 
I  said,  "  Go  to  the  mountains."  He  said  he  would  bleed  to  death  as  soon  as  he  got  there. 
I  said  he  would  do  no  such  thing';  and  I  rode  with  him  on  the  mountains  11,000  feet  high, 
and  there  was  no  bleeding  from  his  lungs,  and  it  cured  him. 

Q.  In  the  conversation  you  had  with  Mr.  Drummond  in  reference  to  his  having  an  inter- 
est in  these  contracts,  you  say  the  question  was  canvassed  as  to  whether  his  name  should 
appear  ? — A.  Yes,  sir. 

Q.  And  you  agreed  there  was  no  impropriety  in  it  ? — A.  Yes,  sir. 

Q.  I  understood  you  that  in  no  contract  that  was  made  was  his  name  mentioned  ? — A.  It 
was  not,  because  we  could  not  get  him  there  in  time  to  have  it  inserted.  He  must  sign  it 
himself,  and  he  must  swear  the  iron-clad  oath,  and  give  bonds  and  all  that  sort  of  thing,  to 
have  his  name  in  the  contract. 

Q.  Were  all  these  contracts  that  he  was  interested  in  made  before  he  got  there  ? — A.  I 
cannot  be  positive  about  that. 

Q.  If  they  were  not,  why  was  not  his  name  inserted? — A.  Mr.  Hammond's  was  made  in 
May,  and  he  did  not  get  there  until  June  or  July.  I  don't  remember  about  the  others.  I 
am  trying  to  refresh  my  memory. 

Q.  I  understand  you  to  state  that  some  of  these  contracts  were  made  after  John  Delano 
got  out  there.  Now  I  want  to  know  why  it  was  that  John's  name  was  not  put  in  those 
contracts  if  they  were  made  after  he  got  there  ? — A.  It  depends  on  when  they  were  made. 
If  they  were  made  near  the  end  of  August  or  fore  part  of  September,  I  think  John  had  gone 
over  into  the  Colorado  Mountains  with  Professor  Hay  den. 

Q.  Well,  your  answer  is  that  all  these  contracts  were  made  in  his  absence  ? — A.  As  a 
matter  of  course,  or  his  name  would  have  gone  into  them. 

Q.  Then  he  had  nothing  to  do  with  the  making  of  the  contracts.  You  just  made  such 
contracts  for  him  as  you  chose,  and  considered  him  interested  or  not,  as  you  chose,  and  to 
such  an  amount  as  you  pleased  ? — A.  These  contracts  were  made  with  the  old  deputies,  and 
they  divided  up  as  they  pleased.  It  was  work  I  originally  awarded  to  John  Delano,  to  be 
surveyed  in  partnership  by  good  deputies. 

Q.  And  they  were  made  in  his  absence  and  without  his  knowledge  ? — A.  I  was  urging 
him  in  May  to  come  on  and  sign  a  contract.  He  wrote  that  letter  that  you  see  there. 

Q.  I  wish  you  would  answer  the  question.  I  asked  you  whether  or  not  these  contracts 
were  all  made  in  the  absence  of  John  Delano  and  without  his  knowledge,  and  such  interests 
were  given  in  the  contracts  to  him  as  you  chose,  without  consulting  him  f — A.  That  is  a 
pretty  mixed  up  long  question  to  answer. 

Q.  I  will  ask  it  a  little  at  a  time.  I  ask  you,  first,  whether  or  not  all  these  contracts  were 
made  in  his  absence? — A.  Yes;  they  wefe  signed  and  dated  when  he  was  not  present. 


GOVERNMENT    SURVEYS    IN    WYOMING   TERRITORY.  1   . 

Q.  Was  he  consulted,  and  did  he  know  the  interest  he  was  to  have  in  any  of  them  '—A. 
1  let  him  know  about  the  amount  that  I  had  set  apart  for  him,  in  May,  1874. 

',)    You  set  it  apart  for  him  '—A.  Yes,  sir  ;  I  set  it  apart  for  him  ;  it  was  mv  preroga 

Q.  1  1  .  :  you  did  not  consult  him  as  to  whether  he  would  perform  the  work  and  take  the 
interest  in  the  contract  or  not  ?—  A.  Well,  I  don't  know  how  to  answer  that. 

Q.  I  understand,  as  you  do,  that  it  takes  two  to  make  a  contract,  and  if  John  Delano 
made  a  contract  I  suppose  he  would  know  something  about  what  he  was  to  do  and  what 
he  was  to  get.  I  ask  whether,  in  making  these  contracts,  you  consulted  him  as  to  what 
amount  of  work  he  was  to  do,  and  what  amount  of  interest  he  was  to  have,  or  whether  you 
awarded  the  contract  to  him,  and  to  a  deputy  surveyor,  and  gave  him  such  interest  in  it  a» 
you  thought  proper?—  A.  The  matter  was  talked  over  with  him  before  the  contract  was 
I  offered  it  and  he  expected  it. 

Q.  Why  did  he  not  sign  it  !—  A.  He  was  not  there.     I  have  explained  that. 

Q.  Why  did  he  not  sign,  then,  when  you  talked  it  over  and  agreed  ?  —  A.  Well,  be  was  not 
there.  It  was  done  mostly  by  correspondence.  I  don't  remember  that  he  was  here  in  1874, 
when  I  was  proposing  to  do  this,  to  Colonel  Drummond.  I  think  he  was  in  Minnesota,  and 
I  proposed  to  correspond  with  him  there. 

Q.  He  did  go  out  to  Wyoming  before  some  of  these  contracts  were  made  ?—  A.  Yes;  some 
of  those  small  ones.  He  came  out  and  did  not  come  there  until  after  the  first  one  was 


Q.  He  was  there  before  the  others  were  made?—  A.  Yes,  sir;  but  not  in  Wyoming—  in 
the  Colorado  Mountains. 

<  /.  Then  I  still  press  the  question,  why  it  was  that  John  Delano  did  not  sign  the  contracts 
mi«l  his  name  did  not  appear  in  them  ?—  A.  There  was  no  good  reason.  I  might  have  had 
him  go  into  the  office  and  sign  the  contracts  there  and  then  send  them  to  the  deputies  in  the 
field  in  Western  Wyoming,  but  I  did  not  know  then  what  amount  each  one  wished  to  sur- 
vey. 

Q.  Were  those  contracts  in  writing?  —  A.  Yes,  sir. 

Q.  What  is  the  form  ot  one  of  them  in  substance,  if  you  please  ?—  A.  Well,  it  is  pretty 
hard  to  explain. 

Q.  I  ask  you  whether  or  not  the  contract  does  not  specify  that  certain  gentlemen  by  name 
have  made  a  certain  contract  to  do  a  certain  amount  of  surveying,  for  which  they  are  to  get 
so  much  ?  —  A.  Exactly  so. 

Q.  In  making  that  recitation  in  the  body  of  the  contract,  is  it  anywhere  expressed  that 
John  Delano  is  to  get  any  part  of  it  ?—  A.  No,  sir. 

Q.  It  did  not  require  his  presence  to  make  that  recitation  in  the  contract  ?—  A.  No  :  but  it 
would  require  to  sign  it,  if  his  name  were  in  it. 

Q.  Why  was  not  his  name  recited  in  any  contract  that  he  was  to  get  a  certain  portion  of 
the  proceeds  1—  A.  No  particular  reason  that  I  know  of,  except  that  he  was  not  there  to  sign 
iu  due  time,  and  such  recitation  could  not  be  made  unless  he  signed. 

Q.  Now  I  will  ask  you  whether  it  was  not  purposely  avoided,  in  order  to  keep  John  Del- 
ano's name  out  of  these  contracts  so  that  there  might  be  no  reflection  upon  the  Secretary  T 
—A.  No,  sir;  I  have  no  such  recollection  at  all,  because  Mr.  Drummond  said  there  could 
be  no  objection  to  putting  his  name  in  the  contract,  or  of  his  being  a  partner  in  one. 

Q.  You  say  you  did  not  do  it  ;  why  did  you  not  f—  A.  In  the  first  place  we  could  not  get 
him  there,  and  then  when  he  did  come  the  latter  part  of  July  he  did  not  stay  in  Wyoming, 
up  to  the  time  I  think  that  those  small  ones  were  given  ;  and  the  deputies  disliked  the 
trouble  of  using  his  name  —  he  not  living  there. 

Q.  Still  you  did  not  recite  in  any  contract  that  he  was  to  get  a  part  of  the  proceed*,  and 
thiit  would  not  require  his  presence.     Why  was  that  left  out?—  A.  There  was   no  design 
about  it,  except  that  it  would  require  his  presence   often  if  his  name  went  into  the  writ 
contract. 

By  Mr.  WOODWORTH  : 

Q.  Those  contracts  mention  the  contracting  parties.  Y..U  were  one  of  them  as  agent  of 
the  General  Land-Office,  and  the  other  parties  would  be  the  men  who  were  to  do  the  K 

Q.  The  recitations  would  contain  no  statement  of  any  benefit  to  be  derived  except  by  the 
rac  ting  parties?  —  A.  No,  sir. 

is  the  reason  why  John  Delano  should  not  appear  if  he  was  not  there  to  sign  the 

•hat  the  way  we  understand  it  ?-A.  Yes,  sir;  I  could  not  put  hi*  name  i 
•  were  not  there  to  sign  all  papers  and  take  all  the  oaths. 

He  was  not  a  contracting  party,  but  simply  there  was  an  onUidc  ^understanding  be 
tween  you  and  John  Delano  that  he  was  to  share  in  the  profits  !-A.  \e«,  sir  ;  I  told  him 
at  the  outset  how  many  townships   I  would  give  him-how  urn,  h  u,.rk-and  he  mfcbl 
lect  a  good,  experienced  man  to  go  in  the  work  with  him,  and  I  *  n»o 

in  tl.»  contract,  and  then  if  he  did  not  keep  with  his  J,.,,uty  all  the  time  be  could  put  another 
place  to  a-  -  puty,  or  pay  that  ,l,rmy  tor  the  extra  work  himself. 

i  is  name  could  n«.t  appear  in  the  contract  unlewbe  was  one  of  the  contracting  par 
ties,  and  he  was  not  one  of  the  contracting  parties  so  far  at  the  contract*  were  concerned 
A     1  'hat  is  so,  so  far  as  his  warnf  not  being  in  the  written  iustru:. 


14  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  You  have  known  John  Delano  how  long  ? — A.  Five  or  six  years. 

Q.  You  are  a  physician,  you  said? — A.  Yes,  sir. 

Q.  When  were  you  appointed  surveyor-general  of  Wyoming  ? — A.  In  March,  1869,  first. 

Q.  Did  you  know  him  previously  to  that  time  ? — A.  No,  sir. 

Q.  You  became  acquainted  with  him  after  you  were  appointed  ? — A.  Yes,  sn. 

Q.  You  may  state  to  the  committee  what  other  similar  positions  you  had  occupied  before 
that  time.— A.  I  have  been  surveyor-general  of  Illinois  and  Missouri,  appointed  by  the  Pres- 
ident of  the  United  States. 

Q.  By  the  President  ?— A.  Yes,  sir. 

Q.  State  to  the  committee  whether  it  is  or  is  not  usual,  in  letting  contracts  for  the  survey 
of  lands,  to  include  parties  who  are  not  practical  surveyors  ;  and,  if  so,  you  may  state  if  there 
is  any  reason  why  it  should  be  done,  because  of  responsibility  or  otherwise. — A.  It  is  done 
sometimes  by  the  surveyor-general  for  some  deserving  man,  and  sometimes  for  political  con- 
siderations. It  is  a  common  practice. 

Q.  Is  it  necessary  to  have  a  responsible  man  ? — A.  Yes,  sir. 

Q.  And  if  the  contract  was  let  to  two  persons  they  would  both  be  responsible  for  any 
mistake  or  failure  ?— A.  Yes,  sir ;  both  had  to  be  on  hand  to  sign  all  papers,  and  they  have 
got  to  certify  to  the  field-notes,  and  to  sign  the  accounts. 

Q.  So  that  wh|le  you  might  get  a  surveyor  with  skill,  you  might  not  be  certain  as  to  his 
entire  responsibility,  and  might  want  to  unite  with  him  a  person  who  was  responsible  other- 
wise ?— A.  That  was  the  case  with  this  first  contract  that  I  mentioned — this  man  from 
Laramie  City,  who  represented  himself  to  be  a  competent  surveyor,  and  who  turned  out  to 
be  the  greatest  cheat  living.  I  appointed  him  to  please  the  people  there,  and  I  put  with  him 
Mr.  Winsor  because  I  told  him  I  did  not  trust  his  honesty,  and  they  both  together  made  the 
poorest  survey  I  ever  had  ;  I  had  to  have  it  all  gone  over. 

Q.  How  long  was  John  Delano  in  the  mountains  or  in  Wyoming  ? — A.  I  don't  remember 
how  much  he  was  there  in  Wyoming ;  he  went  out  to  the  mountains. 

Q.  I  mean  engaged  in  this  business  of  making  surveys — engaged  in  this  work  ? — A.  He 
did  not  engage  in  the  work.  Sometimes  he  was  out  in  the  field,  but  he  hired  the  deputy  to 
do  the  work  and  they  charged  for  their  services,  on  his  behalf. 

Q.  He  was  there  from  the  1st  of  July  to  January? — A.  Yes,  sir;  if  you  mean  about  the 
mountains  and  California  ;  in  the  winter  time  he  was  over  in  California. 

Q.  Tell  the  committee  the  entire  amount  of  profit  that  John  Delano  made  out  of  all  those 
contracts  put  together? — A.  I  think  it  was  about  $2,500.  I  see  it  stated  there  by  Mr. 
Stevens  at  $5,000,  but  he  does  not  know  what  he  is  talking  about. 

Q.  You  made  the  suggestion  to  him  to  go  out.  And  you  have  already  said  you  have 
had  no  conversation  with  Secretary  Delano  about  it.  You  made  no  suggestions  to  him.  or 
he  to  you  ?— A.  That  is  true. 

Q.  Either  by  letter  or  conversation? — A.  No;  not  until  October,  1874,  after  the  matter 
was  disposed  of. 

Q.  John  Delano  had  then  been  discharged,  or  was  not  a  clerk  in  the  Department  ? — A. 
He  was  not  a  clerk  in  the  Department. 

By  Mr.  BOONE  : 

Q.  You  stated  in  answer  to  Mr.  Wood  worth's  question  that  you  had  an  outside  under- 
standing with  John  Delano  as  to  what  he  should  receive,  that  was  not  put  in  the  contract. 
Now,  I  want  to  ask  you,  did  you  make  any  contract  with  any  other  person  than  John 
Delano  that  such  person  was  to  receive  any  amount  for  surveying  that  you  did  not  put  in 
the  contract. — A.  I  cannot  recall  the  name  of  any  one.  I  do  not  think  anyone  received  any- 
thing— any  valuable  contract — whose  name  was  not  in  it. 

Q.  Why  was  this  exception  made  in  John  Delano's  case  ? — A.  I  thought  I  had  explained 
that  to  you.  I  only  spoke  of  those  small  contracts.  Now,  when  this  gentleman  (Mr.  Wood- 
worth)  comes  to  ask  me  about  the  mode  of  fixing  the  contract,  it  occurs  to  me  that  the,  chief 
reason  was,  in  not  requiring  his  name  in  those  little  contracts,  that  he  was  moving  about  a 
great  deal,  and  we  could  not  rely  upon  his  being  at  my  office  when  needed  to  sign  papers — 
it  would  mix  a  multitude  of  difficulties  into  it.  Unless  he  staid  there  for  months  and  months 
he  would  not  be  on  hand  to  sign  the  papers.  If  I  used  his  name  in  the  contracts  he  must 
come  and  sign  to  prepare  papers  for  the  General  Land-Office,  and  must  be  there  to  sign  the 
field-notes  and  accounts  and  every  thing  of  that  kind. 

Q.  You  have  stated  that  you  had  an  outside  understanding  with  him  as  to  how  much  he 
was  to  receive,  and  therefore  you  did  not  put  his  name  in  the  contract. — A.  No  ;  I  did  not 
say  that ;  I  did  not  say  "  therefore,"  nor  how  much  profit  he  was  to  receive. 

Q.  You  said  that  was  the  reason  ?— A.  It  was  my  expectation  all  along  to  have  his  name 
in  the  contract. 

Q.  You  state  now  you  expected  to  have  his  name  in  the  contract. — A.  Yes,  I  did.  I  wrote 
him  a  letter  to  hurry  up  and  come  over  in  May. 

Q.  You  made  those  written  contracts  in  which  you  recite,  as  I  understand,  how  each  per- 
son is  interested  in  it.  I  want  to  know  whether  in  any  of  those  contracts  it  is  expressed  that 
John  Delano  is  to  receive  a  part  of  a  certain  contract  ? — A.  I  say  it  is  not  expressed. 

Q.  Did  you  ever  make  a  contract  in  which  any  person  except  John  De-lano  was  to  receive 


GOVERNMENT    SURVEYS    IN    WYOMING    TERRITORY.  1 .". 

any  part  of  the  profits  in  which  (you  did  nut  put  his  name?— A.  I  do  not  remember  that  I 

Q.  I  ask  yon  why  you  made  an  exception  in  John  Delano's  case  f— A.  Because  be  could 
not  come  there  at  the  time  specified  to  make  the  contract  and  to  get  the  deputy  to  the  field ; 
he  could  not  get  through  as  he  expected  ;  be  was  delayed  by  sickness  in  his  family. 

By  the  Cii. \IKM\\ 

Q.  Did  you  mention  to  the  deputies  that  of  this  work  they  were  to  do  John  Delano  was  to 
bave  half  of  the  profits  ? — A.  They  understood  they  were  taking  work  I  had  allotted  to  Mr. 
Delano,  and  I  put  their  names  alone  in  the  contract  for  convenience.  They  worked  it  upon 
the  understanding  that  it  was  partnership  business,  the  same  as  if  his  name  bad  been  in  the 
contract. 

Q.  Did  they  give  notes  for  their  parts  of  the  profits  which  were  to  go  to  Mr.  John  Delano  t 
—A.  When  they  came  home  and  the  work  was  fixed  up  in  the  office  so  they  could  know 
what  it  amounted  to,  and  they  could  state  the  time  they  had  been  surveying,  and  what 
the  expense  of  transportation  and  commissaries  and  all  that  sort  of  thing  amounted  to,  and 
they  could  say  to  a  dollar  what  the  profit  was,  then  they,  some  of  them,  gave  some  memo- 
randum— late  in  the  fall  before  I  came  away  to  Washington — they  gave  some  memorandum 
as  to  what  the  share  would  be,  the  half  of  the  actual  profit. 

Q.  There  was  no  memorandum  of  the  agreement  that  they  were  to  pay  Mr.  John  Delano 
half  of  the  profits  at  the  time,  or  immediately  before  or  after  the  time,  of  the  making  of  the 
contract  f— A.  No  written  understanding  that  I  remember. 

Q.  Those  understandings  were  all  verbal?— A.  I  think  they  were  ;  yes,  know  they  were, 
and  voluntary. 

Q.  There  were  no  notes  given  to  Mr.  John  Delano,  or  any  person  for  him,  for  any  portion 
ef  the  profits  of  the  contract  t — A.  I  said  they  did  give  some,  a  part  of  them,  when  they  fin- 
ished. 

Q.  At  the  time  that  they  entered  into  those  contracts,  or  immediately  before  or  subse- 
quent thereto,  were  there  any  notes  given  for  a  portion  of  the  profits  of  the  contract,  to  Mr. 
John  Delano,  or  to  any  person  for  his  use? — A.  I  do  not  remember  any  such ;  I  know 
there  were  none. 

Q.  And  no  agreement  showed  in  writing  that  they  should  divide  the  profits  with  Mr. 
John  Delano,  or  any  one  else  ? — A.  No ;  merely  a  verbal  understanding,  and  that  verbal 
understanding  was  carried  out  and  put  in  the  shape  of  a  memorandum  when  I  was  coming 
away  to  Washington  in  jSovember,  1874. 

Q.  When  you  called  upon  the  President  you  explained  to  him  the  transaction  with  Mr. 
John  Delano  fully  1 — A.  As  fully  as  I  could  at  such  limited  interview. 

Q.  And  in  reply  to  that  the  President  said  he  saw  nothing  in  it ;  you  had  a  perfect  right 
to  award  a  contract  to  Mr.  John  Delano  as  well  as  any  other  citizen  .'—A.  Yes  ;  that  is  tho 
substance  of  his  remark. 

Q.  What  induced  you  to  resign  your  office  ?— A.  Because  I  was  very  anxious  to  attend 
to  my  own  affairs,  which  w  -re  suffering  for  my  attention.  I  staid  there  two  years  longer 
than  I  ought,  and  longer  than  I  intended  to.  I  was  appointed  the  second  time  in 
ruary,  JH70,  and  I  went  out  there,  and  in  March,  Ib73,  at  the  time  of  the  President's 
inauguration,  this  ring  that  is  now  patching  up  this  difficulty,  mystifying  and  misrepre- 
senting it,  came  down  here  and  represented  me  to  the  President  aa  a  great  Greeley  man, 
sir,  and  as  having  attended  Greeley  conventions  and  worked  for  Greeley,  and  talked 
(lici-lt-y  ;  ami  the  President  supposed  my  four  years  were  out,  looking  at  his  book  and  re- 
ferring back  to  Mm vli,  J-(ii),  and  seeing  all  our  names  there,  (Wyoming  appointees, )  and 
forgetting  that  he  had  appointed  me  a  second  time,  he  appointed  a  man  in  my  place  who 
came  out  and  took  possession.  I  then  came  down  here  and  told  the  President  I  was  very 
inn.-h  maligned  ;  that  these  fellows  had  falsified  and  misrepresented  me,  and  I  satisfied  him 
that  I  had  been  his  friend  all  the  time,  and  that  there  was  no  cause  for  my  removal,  and  he 
put  me  back  again.  When  I  went  back  I  bad  to  fight  this  ring  all  the  while  till  I  got  them 
pretty  well  scattered,  and  then  I  conclu<l« •<!  I  might  afford  to  resign.  Ex-Governor  Camp- 
bell was  one  of  them.  He  came  down  here  and  joined  his  ranks  to  the  Bristow  ranks. 

Q.  Is  Secretary  Bristow  one  of  the  ring  that  you  allude  to  ?— A.  Well,  he  was  last  spring, 
1875  ;  that  is  to  say,  they  own  him  as  their  leader. 

Q.  And  that  is  the  party,  with  Secretary  Hi  i.stow  at  the  head  of  it,  that  yon  succeeded 
finally  in  dividing  7 — A.  Yes;  most  all  that  took  any  active  part  in  sm-h  mutters  are  re- 
moved now  ;  but  they  have  held  a  convention  lately  in  Wyoming  and  elected  delegates  to 
the  national  <  on\  •  m  ..n,  and  they  are  all  Bristow  dejegates. 

'.,'.  Nearly  all  the  office-holders  who  stood  by  Secretary  Bristow  have  been  removed? — A. 
1  for  thai  reason.     They  were  offensive  to  the  people. 

lint  all  that  have  j«>iiir.f  with  him  have  been  removed  T — A.  It  wan  doubtless  believed 
\ -Governor  Campbell  that  Mr.  Delano  and  myself  got  him  removed,  or  urged  the  Prod* 
dent  to  n -iiiov.-  him.  and  that  stirred  up  all  this  strife.     They  bribed  this  clerk  in  n»y  office 
by  promising  that  they  could  get  Delauo  removed  and  Dr.  Reed,  too,  and  make  him  sur- 
veyor-general. 

They  did  get  Delano  removed  ?— A.  No,  sir;  the  President  told  me  he  would  not  be 
removed  unless  Iraud  was  proved. 


16  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

^  Q.  He  went  out  shortly  after  that  ? — A.  No ;  not  until  the  fall ;  nearly  six  months  after. 
They  said  they  were  going  to  have  Mr.  Delano  "step  down  and  out,"  and  the  President 
said  he  didn't  see  any  reason  why  he  should  "step  down  and  out"  unless  they  proved 
fraud. 

Q.  It  was  a  contest,  then,  between  Mr.  Delano's  friends  and  Secretary  Bristow's  ? — A. 
Secretary  Bristow's  special  friends  proclaimed  at  Cheyenne  in  March,  1875,  that  Mr.  Secre- 
tary Delano  must  step  down  and  out  within  thirty  days  or  he  (Bristow)  would  ;  but  Mr.  Secre- 
tary Delano  said  he  was  not  going  to  do  so  "  under  fire,"  and  the  President  said  he  ought 
not  to.  They  sent  a  commission  there  to  examine  alleged  Indian  frauds,  and  everybody 
alleging  fraud  had  a  chance  to  testify.  I  think  nothing  serious  was  found  against  Mr. 
Delano. 

Adjourned. 


WASHINGTON,  D.  C.,  April  8,  1876. 4 
Dr.  SILAS  REED'S  examination  continued. 
By  the  CHAIRMAN: 

Question.  In  the  testimony  the  other  day  you  stated  that  the  contracts  in  which  Mr.  John 
Delano  had  an'  interest  were  given  to  certain  parties  who  did  the  surveying,  and  after  de- 
ducting the  expenses  of  the  survey  the  profits  were  divided  equally  between  Mr.  Delano 
and  the  deputies.  Now  state  whether  or  not  these  deputy  surveyors  were  not  to  do  the 
surveying  at  a  stipulated  price  per  month,  and  all  they  got  was  simply  that  price,  and 
whether  or  not  John  Delano  did  not  get  the  balance  of  the  money. — Answer.  To  that  I 
answer,  no,  sir.  I  stated  in  my  testimony  that  the  surveyor,  whose  name  was  in  the  con- 
tract and  did  the  work,  received  for  half  his  time  pay  at  the  rate  of  $125  per  month. 

Q.  Did  he  get  anything  else  except  the  $125  per  month  ? — A.  Yes,  sir. 

Q.  What  did  he  get  in  addition  to  that  ? — A.  I  do  not  know,  sir. 

Q.  Do  you  mean  to  say  that  you  deducted,  from  the  amount  appropriated,  $125  for  each 
month  that  the  surveyor  was  employed,  and  then  divided  the  balance  equally  between  the 
deputy  surveyor  and  Mr.  John  Delano? — A.  I  did  not  deduct  anything. 

Q.  Well,  was  that  done  ? — A.  That  was  their  understanding. 

Q.  I  did  not  ask  you  what  the  understanding  was  ;  I  want  to  know  what  was  done. — 
A.  I  said  I  did  not  know  what  was  done,  because  I  did  not  get  the  accounts  of  them  except 
the  first  one. 

Q.  You  have  told  us  that,  in  one  contract  let  to  Mr.  Hammond,  Mr.  John  Delano's  share 
of  profits  were  $1,100?— A.  About  $1,100  ;  a  trifle  over,  perhaps. 

Q.  What  was  the  amount  of  that  contract? — A.  I  stated  the  other  day  about  $4,200. 

Q.  Do  you  know  whether,  in  that  instance,  the  deputy  surveyor  first  deducted  $125  a 
month  for  his  services  and  then  divided  the  surplus  equally  between  himself  and  Mr.  John 
Delano  ? — A.  Yes,  sir ;  1  can  say  that  I  know  that  most  positively,  because  he  made  a 
memorandum  and  presented  it  to  me  of  his  whole  expense,  including  hand-hire,  supplies, 
railroad-fares,  &c.,  because  he  went  with  all  his  teams  and  men  on  a  railroad  from  Cheyenne 
to  Evanstown,  (I  think  four  hundred  miles.)  That  was  all  included  in  his  memorandum 
account. 

Q.  Were  there  any  notes  passed  between  the  parties  ? — A.  Not  that  I  know  of,  sir.  I 
explained  the  other  day  that  Mr.  Hammond,  the  fall  after  he  had  finished  his  work,  came 
back  to  the  office,  made  up  his  account  of  all  expenses,  and  divided  the  matter  equally 
between  himself  and  Mr.  Delano,  his  silent  partner.  He  then  took  a  blank  form  of  note  of 
the  First  National  Bank  of  Cheyenne  and  filled  it  out— filled  out  in  that  the  portion  for  Mr. 
Delano. 

Q.  Was  Mr.  Delano's  share  of  the  profits  put  in  one  note  ? — A.  Well,  not  entirely.  I 
think  they  were  divided  into  two — one  was  $1,000  and  the  other  was  $400  ;  and  in  those 
amounts  were  included  Mr.  Delano's  advances,  which  were  $250  if  not  $300. 

Q.  To  whom  had  he  advanced  money? — A.  Advanced  it  for  Mr.  Hammond,  or,  in  other 
words,  Mr.  Hammond  drew  upon  him  for  half  the  necessary  expenses  to  go  to  the  field.  He 
drew  drafts  through  our  national  bank  there,  and  the  bank  gave  him  the  money  ;  that  is  my 
recollection  of  it. 

Q.  Did  Mr.  Hammond  and  Mr.  Delano  ever  meet,  that  you  are  aware  of,  prior  to  the  time 
of  Mr.  Hammond's  going  to  the  field  ? — A.  I  do  not  know  that  they  did. 

Q.  Was  Mr.  Delano  out  in  the  Territory  at  any  time  prior  to  the  time  that  he  obtained  an 
interest  in  these  different  contracts  ? — A.  Prior  to  what  time  ? 

Q.  Prior  to  the  time  that  you  gave  him  an  interest  in  these  different  contracts  ?— A.  I  can- 
not answer  that. 

Q.  Did  you  ever  meet  Mr.  Delano  in  your  office  in  Cheyenne  ? — A.  I  cannot  be  positive 
about  that. 

Q.  Then  you  do  not  know  whether  he  was  in  your  office  at  all,  or  whether  in  the  Terri- 
tory at  any  time?— A.  Certainly  ;  I  know  he  was  in  the  Territory. 

Q.  You  know  he  was  ?— A.  That  he  had  been  in  the  Territory? 


GOVI:K\MI:\T   8UBVBY8    i\    WYOMING    TBRBITO  17 

prior  to  tliis  time.  or  about  tin-  time  that  the   contracts  were  let.  —A.  I  exj>: 
that  rally  and  thoroughly,  that  In-  was  nut  tin-re  at  the  time  the  contract  KM  u 
did  not  come  afterward,  and  the  reason  he  did  not  come  was  becatiM  had  got  sick 

and  came  near  dying,  and  he  could  not  come. 

•M  mean  to  say  that  Mr.  Pi-Ian..  left  the  city  of  Washington  ami  was  on  his  way 
to  the  Territory  prior  to  the  time  that  you  let  these  contracts?—  A.   N  about  that 

time. 

Al..,  ut  th«-  tiino  r—  A.  I  cannot  he  positive  as  to  the  time  he  left  here.  I  received  fre- 
M'11'11-  "  !«>'"  during  the  month  of  May.  al.ont  the  time  I  was  getting  ready  to  make 

this  contract,  ami  in  reply  to  notes  I  sent  him  hurrying  him  tin-  aoteof  his  to  me 

that  has  been  published,  if  it  is  a  correct  copy  that  is  published,  is  dated  the  latter  part  of 

\n.l  it  is  written  from  the  Interior  Department,  is  it  not  ?-.\.  [  F.xa.niuns  the  paper.] 
It  seems  to  be  written  from  the  Interior  Department.  I  do  not  know  \\  heth,  -r  it  was  written 
there  or  not.  I  suppose  so  from  the  fact  that  it  is  headed  that  wny.  an  1  is  postmarked 
Washington.  I  do  not  know  what  the  date  is—  it  is  either  the  20th  or  25th.  Tim 
came  to  my  office  at  Cheyenne  in  my  absence  in  Utah.  I  see  on  the  back  of  the  envelope 
that  I  received  it  .June  10;  that  was  the  date  of  my  return  from  Utnh.  I  also  received;  I 
think  that  very  day,  a  telegram  from  him  from  Saint  Paul  asking  me  to  meet  him  at  Omaha. 
I  immediately  replied  to  him  at  Saint  Paul  by  telegraph  that  I  would  inert  him  at  Omaha  to 
alt  about  this  contract.  You  can  see  from  that  letter  that  w  r  the  matter 

of  the  contract  and  the  importance  of  his  being  there  to  have  his  name  inserted.    He  asks  if 
I  canimt  use  some  other  name  in-' 

Q.  You  say  that  he  telegraphed   you  to  meet  him  at  Omaha  to  consult  about  this  con- 
tract .'-A.   fa,  iir;  that  is  my  recollection. 

»,'.  When  was  that  contract  "let  .'—A.   Well,  I  do  not  remember  the  date  of  it. 

Look  at  those  notes  and  see  whether  it  was  not  let  a  month  earlier  than  that,  [handing 
papers  to  witness,  who  examines  them.  ]—  A.  These  do  not  show  anything  about  tho  date 
that  it  was  let  ;  yes,  "May  20,"  a  month  before. 

Q.  Then  the  truth  of  the  matter  is  that  that  contract  was  let  before  John  Delano  wrote 
you  this  letter,  was  it  not?  —  A.  Yes;  before  he  wrote  that  particular  l< 

(t».  And  it  is  not  true  that  he  telegraphed  you  to  meet  him  at  Omaha  to  talk  about  this 

act  ?  —  A.  No,  sir;  I  did  not  say  so. 
Q.   Yes;  you  did  say  it.—  A.  Let  me  understand  you. 

(,».   You  have  just  said  that  he  telegraphed  you  to  meet  him  at  Omaha  to  talk  about  this 
contract,  and  now  you  say  that  the  contract  was  let  before  he  lei;  :on  as  shown  by 

•:ote  and  the  letter  that  I  have  shown  you.—  A.  I  do  riot  wish  it  understood  that  it  was 
in  the  telegram  that  he  would  meet  me  to  consult  about  the  contract.     The  telegram  was 
rimply  to  meet  me  there.     It  was  the  other  notes  that  had  passed  between  us  that  had  fixed 
the  matter  between  us. 
',».  What  other  notes?—  A.  The  short  letters. 

Y..II  have  stated  that  you  wrote  him  hurrying  him  up  to  come  to  the  Territory  to  fix 
up  this  contract,  and  that  he  replied  that  his  wife  was  sick  on  the  way  and  he  could  ni.t  come 
there  in  time;  now  is  that  true  or  is  it  not  true  ?—  A.  I  cannot  answer  that  iiuesrimi  \\ith- 

baek. 

','.   Yes;  you  can  answer  it.     It  is  a  plain  question.     You  had  already  stated  that  you 
mo  hurrying  him  np  to  come  out  to  the  Territor  ;  wanted  to  put 

his  name  in  this  contract,  and  that  in  reply  he  told  you  that  \r.^  wife  was  .sick,  iw  you  ex- 
pressed it,  "on  the  way,"  ami  that  he  could  not  get  there  in  time;  consequently  you  were 
obliged  to  put  the  name  of  some  other  person  in  the  contract  for  him.  .\tw  proba- 

bly the  third  or  fourth  letter  written  to  me  during  that  month. 

you  this  question,  whether  or  not  the  contract  was  let  before  John  Delano 

'—A.  It  states  here  that  it  was  let  on  the  20th  of  M  !1  ex- 

hat  that  contract  was  kept  open  for  some  two  or  three  weeks,  according  to  my  recol- 

:  that  it  was  left  blank,  HO  far  as  the  use  of  his  name  would  be  concerned,  so  that  it 

miirht  be  put  in  if  he  reached  there  two  or  three  weeks  afteru 

illy  take  an  oath  and  file  a  bond.    They  are  required  by  law  to  do 

••they  not'  —  A. 

'/.  I  >i  I.John  Delano  ever  take  an  oath7—  A.  No.  sir;  because  bis  name  was  not  in  the 

I  >td  you  ever  require  him  to  file  a  bond!—  A.  His  name  was  not  in  the  <  :<ebe 

'•v'"i'.  1  ha\.  :,-d  to  take  an  oath.    I  have  a  form  of  contract  with  me  wh 

should  like  to  show  to  the  cumin 

1  ,'    We  do  not  care  about  the  form.  but  we  wsnt  to  know  whether  you  did  not  swear  your 
•  -s.and  make  them  take  an  oath  and  file  a  bond.—  A.  Yea, 

You  were  in  the  habit,  then,  of  giving  contracts  to  one  set  of  people  and  compelling 

t  in 


ike  an  oath  and  file  a  bond  7—  A.  No,  sir  ;  I  do  not  remember  that  in  any 

V.   Hid  you  not  do  it  in  the  instance  of  John  Delano?—  A.  No,  sir;  he  had  not  any 

written  contract. 

L'    W 


18  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  If  this  was  an  honest  transaction,  and  the  contract  was  really  let  to  John  Delano,  why 
were  those  notes  made  payable  to  John  L.  Merriani  ? — A.  I  could  not  explain  now,  unless  it 
was  by  his  direction. 

Q.  Who  is  John  L.  Merriam  ? — A.  He  is  a  banker  in  Saint  Paul. 

Q.  Did  he  have  a  contract  at  that  time  for  surveying? — A.  He  is  a  banker  in  Saint  Paul, 
•with  whom  Delano  had  a  good  deal  of  business,  and  I  was  led  to  believe  had  to  borrow 
money  of  him. 

Q.  You  were  led  to  believe  that  John  Delano  had  to  borrow  money  of  Merriam  ? — A.  Of 
Merriam,  occasionally.  You  must  remember  that  he  had  been  there  with  Merriam  nearly  a 
year  previous  to  this. 

Q.  Did  you  think  that  John  Delano  owed  John  L.  Merriam  money,  and  that  this  was  the 
only  way  Merriam  could  get  it? — A.  I  do  not  think  I  thought  anything  about  it. 

Q.  Then  what  do  you  mean  by  saying  that  you  were  led  to  believe  that  Delano  owed 
Merriam  money  ?  Did  you  mean  to  give  that  as  the  reason  why  you  made  the  notes  pay- 
able to  Merriam  ? — A.  I  know  of  no  other  reason  than  his  saying  that  he  had  business  and 
a  good  many  money  transactions  with  Merriam. 

Q.  Did  not  Mr.  Delano  write  you  a  letter  and  tell  you  to  insert  the  name  of  Mr.  Merriam 
to  stand  for  him  ? — A.  Yes;  I  see  in  that  letter  that  he  asks  that  Mr.  Merriam's  name  be  used. 

Q.  And  is  not  that  the  reason  you  inserted  the  name  of  Merriam,  because  you  were 
requested  to  do  so — by  Delano  writing  you  and  requesting  to  put  his  name  to  "  stand  for 
my  name  ;"  that  is,  for  Delano's  name  ? — A.  I  wrote  that  Mr.  Delano  had  requested 

Q.  Answer  that  question,  not  what  you  wrote  him. — A.  I  cannot  answer  that  question. 

Q.  (Question  repeated.) — A.  That  might  have  been  part  of  my  reason. 

Q.  Was  not  that  your  reason  ? — A.  I  do  not  know  that  it  was  wholly  my  reason. 

Q.  What  other  reason  had  you,  then  ? — A.  I  think  that  another  part  of  the  reason  was 
that  he  had  told  me  that  he  had  a  good  many  moneyed  transactions,  and  was  in  arrear — in 
debt  to  Mr.  Merriam. 

Q.  Did  he  tell  you  that  in  the  letter  that  he  wrote  you  requesting  you  to  put  Merriam's 
name  in  the  contract  ? — A.  I  cannot  remember  how  I  obtained  the  information,  but  that  is 
the  impression  in  my  mind,  that  he  was  behindhand  in  some  way  with  Mr.  Merriam. 

Q,  Now,  is  not  the  truth  of  the  matter  this,  that  you  put  Merriam's  name  in  the  notes 
(as  you  had  put  Mr.  Hammond's  name  in  the  contract)  for  the  purpose  of  covering  up  the 
whole  transaction  and  making  it  appear  that  John  Delano  had  no  interest  in  it  ? — A.  I  do 
not  believe  it  was. 

Q.  You  do  not  believe  that  was  the  truth  of  the  matter? — A.  No,  sir. 

Q.  Had  you  not  been  notified  from  the  Interior  Department  by  John  Delano's  father  in  a 
letter  that  you  received,  that  you  should  do  nothing  that  would  in  any  way  appear  to 
compromise  him? — A.  Ihad  not  until  the  fall  following. 

Q.  What  fall?— A.  The  fall  of  1874. 

Q.  Was  not  this  in  the  fall  of  1874  ?— A.  No,  sir.     This  was  in  May,  1874. 

Q.  At  the  time  these  notes  were  payable,  (they  are  dated  October,  1874,  was  it  in  pur- 
suance of  this  notice  which  you  got  from  Mr.  Delano's  father  that  you  should  not  do  any- 
thing that  would  have  the  appearance  of  compromising  him  that  you  made  these  notes  pay- 
able to  John  L.  Merriam? — A.  I  do  not  believe  it  was,  sir.  I  cannot  think  so,  for  this 
reason  :  that  this  matter  was  public  in  my  office  from  May  until  the  time  of  giving  these 
notes — that  I  had  set  apart  some  work  for  Mr.  Delano  to  have  surveyed.  It  was  not  any 
secret  in  my  office. 

Q.  If  it  was  not  any  secret  in  your  office,  where  was  the  necessity,  then,  of  your  making 
these  notes  payable  to  Merriam  ? — A.  I  do  not  know  of  any  reason  beyond  what  I  have 
tried  to  explain. 

Q.  Do  you  say  that  it  was  not  for  the  purpose  of  concealing  the  real  transaction  ? — A.  I 
have  never  thought  it  was  done  to  conceal  the  transaction. 

Q.  Who  in  Cheyenne  besides  yourself  and  Mr.  Stevens  and  Mr.  Merriam  and  Mr.  Ham- 
mond know  of  this  transaction  ? — A.  Mr.  Merriam  was  not  in  Cheyenne. 

Q.  He  was  in  Saint  Paul,  then.  Who  in  Saint  Paul  knew  of  it  ?— A.  Mr.  Hammond 
and  Mr.  Stevens  and  the  other  chief  deputies  knew  about  it. 

Q.    How  many  of  the  chief  deputies  knew  about  it  1 — A.  Three  or  four— half  a  dozen. 
Q.  Was  it  known   by  anybody  else  ? — A.  Well,  I   was  not  in  the  habit  of  noising  over 
town  what  was  going  on  in  my  office. 

Q.  These  other  chief  deputies  who  knew  of  this  transaction  also  shared  with  Mr.  John 
Delano  in  the  contracts  which  they  had  ? — A.  I  have  explained  that  fully. 

Q.  You  said  that  the  other  chief  deputies  knew  it — you  mean  the  same  deputies  that  also 
shared  with  Delano  ? — A.  Yes. 

Q.  But  you  do  not  know  any  person  outside  of  those  deputies,  yourself,  and  your  clerk 
who  knew  it,  do  you? — A.  I  do  not  know  whether  there  are  or  not  any  other  persons  know- 
ing it.  I  had  other  deputies  living  at  different  places.  I  did  not  take  particular  pains  to 
have  them  know  all  I  was  doing  in  my  office. 

Q.  How  much  did  Mr.  John  Delano  realize  out  of  the  contract  that  was  let  to  Rogers  ? — 
A.  I  do  not  know  the  amount  that  he  realized  at  the  time. 

Q.  Do  you  know  the  amount  of  the  contract?— A.  I  think  it  was  about  $1,800. 


GOVI:K.VMI:M    BUB!  WVOMIXC    ;  >ET,  ID 

•  d  n.,t  Mr.  John  Delano  get  $900?— A 

!  nut  '  —  A.    ' 

'/.   ll"\\  much  did  he  get  out  of  the  contract  let  to  II.  i..  I!  y  .'—A.  I  cannot  state  the 
exact  amount. 

Q.  That  was  tin-  *-M«>(>  contract,  was  it  not?— A.  I  could  not  state  tlu>  exact  union 
the  contract.      I  think  that    Hay's  contract   may  have  amount,  d  to  a  little  ever  vJ,  H'C;  per- 
haps it  was  $*>,  I 

Q,  I  >;d  n..t  Mr.  .Inlin  Delano  get  $900  out  of  that  contract  of  Hay's  ?— A,  I  do  not  think 

i,'  How  much  did  he  get? — A.  I  do  not  know,  because  he  returned  no  particular  am  unit 
about  it. 

Q.  Do  yon  know  how  much  .John  Delano  reali/ed  out  of  the  contract  pi  von  to  C.  J.  K 
— A.   I  do  not  know  the  exact  amount  lu-  contributed  out  of  his  contract. 

n.  Waa'tbai  not  $900?— A.  No,  sir. 

Q.  "Was  it  not  somewhere  near  that? — A.  I  did  not  charge  my  mind  with  the  amounts. 

«,».  What  were  .John  Delano's  profits  out  of  John  I'.  Thomas's  contract  .'  —  A.  TheM  di-pu- 
ties  returned  no  particular  statement  to  me  of  the  amount  of  expenses. 

Q.  Do  yon  not  know  that  Mr.  Delano's  profits  out  of  John  Thomas's  contract  were  $300  ? 

A     Mi.    Thomas  may  have  set  off  that  much  to  him. 

Q.  Did  not  you  send  it  yourself? — A.  To  him  .' 

Q.  To  Mr.  Delano f — A.  I  do  not  remember  doing  it. 

Q.  Did  von  write  this  letter  [handing  letter  to  witness  dated  Washington,  January  13, 
1875]  addressed  to  L.  C.  Stevens,  signed  Silas  Keed  .'—A.  Yes,  sir. 

Q.  Whom  do  you  mean  by  "  John  and  others,"  mentioned  there? — A.  John  Thomas,  I 
suppose. 

Very  well.    Now  you  say  "  left  last  night    I  have  a  letter  from  him  to-day,  so  I  will 

•  •you  his  check,  on  which  you  will  leave  $200  in  bank  there  to  meet  four  che< 

$50  each,  in  favor  of  .Jn.-tnm  A.    Park,  of  Salt  Lake  City;"  and  again  you  say, "  the  $600 

e  of  the  check  you  may  send  to  me  here  by  draft,  and  I  will  apply  it  for  Jolm."     1  > 
von  not  rind  these  quotations  in  that  letter  ! — A.  Yes,  they  are  there. 

Then  John  Delano  did  get  $800,  did  he  not,  out  of  John  Thomas's  contract  ? — A.  Well. 
I  must  look  into  that  a  little  further.  [Reads.]     That  is  a  check  of  ^00,  I 
see. 

(,».  Well,  you  directed  your  clerk  to  deposit  $200  in  bank  and  to  send  a  check  for  the 
other  H'>txi,  and  told  him  that  you  would  apply  it  to  "  John,"  did  you  not?  Is  that  not  so? — 
A.  That  is  the  reading  of  it. 

i,».  Well.  I  ask  you  whether  it  is  true,  or  it  is  not.  I  do  not  ask  what  the  "reading"  of  it 
In,  Yon  said  it  was  .John  Thomas's  draft.  Now  I  ask  you  to  what  .John  yon  were  to  apply 
it  '-A  I  suppose  that  other  John  there  is  John  Delano.  I  do  not  kmnc  that  it  is. 

<ti.  other  drafts  besides  John  Thomas's  drafts— that  were  sent  at  the  same  time, 

I  mean. — A.  Sent  from  here? 

<,>.  Yes.— A.  In  the  winter  of  1875— yes.  They  were  always  receiving  drafts  along 
thiongh  the  winter — all  of  them. 

<      '   Keed  is  a  relative  <»t  yours? — A.  A  nephew  of  mine. 

",'.    W.-'.c  you  not  told, at  the  Interior  Department,  that  it  would  be  improper  for  y 
appoint  one  of  your  relatives  a  deputy  surveyor  f— A.  I  do  not  think   I  \\a>.     I  know  1  felt 
some  :.  that  point  for  a  year  or  two,  and  kept  him  in  the  office  as  chit  : 

estive  in  that  condition;  and  I  conferred  with  the  t'ommi-- 

going  to  the  field,  and  he  consented  that  I  put  him  in  the  field.    As  far  as  I  remember. 
is  no  regulation  in  the  Department  that  restricts  a  relative  so  remote  as  a  nephew  from 
being  a  contractor. 

M>S  that  <|iiestion  with  some  of  the  authorities  in  the  Land-Office,  and 
was  it  not  intimated  to  you  that  it  would  be  improper  for  you  to  appoint  your  nepli>-\, 

deputy  suiveyors  '  —  A.    I  conversed  about  it  with  the  Con 
it  uas  that  l"  W<ml<l  be  allowed  to  u>.-  my  nephew  in  a  contract. 

</.    '  not  told,  in  the  winter  of  1 -?<>-'?  I,  that  it  would  not  do  at  all  for  you  to  ap- 

nid  were  you  not  told  at  the  same  time  that  a  con- 
tract had  been  thrown  out  in  the  Territory  of  Colora  the  surveyor-general  had 
appointed  a  relative  as  one  of  his  deputi, •>  '  A.  A  contract  had  been  thrown  out—  no,  I  will 

-  ay  that— I  will   say  that  I  understoo..  :  in  Colorado  fnun  the    surveyor- 

•llt. 

\..n  not  told  at  that  time  that  it  would   not   do   for  you   to  appoint  a  relative  as 
ir  ileputie>  '  —  A.   Not  in  that  large  sense. 

Well,     \\ele    \  oil    Hot    told    it     ill    s..|||e    sellM  ve.        I    WHS  told   that 

tin-re  was  a  regnlati*  i  lie  appointineir  .  ar  relatives,  such  as  a  brother. 

::ot  told  that  the-  jiilatu.n  against  the  a:  1  rela- 

tivt  I — A.  Well,  not  without  qualification,  1  think. 

i,'.  Ti  :- \\as  in  the  ••  juiitnot?— \.   1  .  umot  say  as  to  that.    It  might 

When  did  you  appoint  yo  ' — A.  I  do 


20  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  How  long1  after  you  had  this  conversation  in  the  Interior  Department  about  the  ap- 
pointment of  a  blood  relative  ? — A.  I  cannot  say  as  to  that.  Very  soon  after  the  last  conver- 
sation. I  had  two  conversations  about  it. 

Q.  How  long  after  the  last  conversation? — A.  The  first  conversation  was  probably  in 
1871.  I  would  not  let  him  go  to  the  field.  He  had  asked,  and  I  would  not  let  him  go,  and 
on  referring  to  it  again  here  at  the  Land-Office,  I  found  that  I  had  been,  perhaps,  too  strict 
about  it. 

Q.  Tell  us  when  this  second  conversation  was  ? — A.  1  cannot  remember  conversation 
away  back  so  far  as  that.  I  cannot  remember  the  year. 

Q.  Do  you  know  whether  it  was  three  years  afterward  or  one  year  ?— A.  It  was  just  pre- 
ceding my  giving  him  a  contract — not  very  long  before. 

Q.  When  did  you  give  him  the  contract  ? — A.  I  cannot  state  that,  sir.  Out  of  one  hun- 
dred contracts  running  away  back  for  six  years,  I  cannot  be  supposed  here  without  a  note 
before  me  to  remember  distinctly  these  matters.  The  contracts  are  here  in  the  Land-Office, 
all  of  them.  If  I  had  thought  that  I  should  be  questioned  so  closely  I  could  have  gone  and 
got  memorandums  of  the  dates  of  all.  There  are  about  a  hundred  in  all. 

Q.  You  gave  Mr.  Fowler  a  contract,  did  you  not  ? — A.  Yes ;  he  was  a  partner  in  a  con- 
tract. 

Q.  In  whose  name  was  that  contract  ? — A.  In  his  name  and  another  deputy  surveyor. 

Q.  Did  the  name  of  Mr.  Fowler  appear  in  that  contract  ? — A.  That  is  my  recollection, 
decidedly. 

Q.  Did  he  take  the  oath  and  file  a  bond  ?— A.  That  is  my  belief. 

Q.  Who  did  the  work  ? — A.  He  and  his  partner ;  he  a  part  of  the  time,  and  his  partner 
was  at  it  all  the  time. 

Q.  Is  Mr.  Fowler  a  surveyor?— A.  I  think  so,  sir. 

Q.  He  is  the  brother  in-law  of  Mr.  Curtis,  who  at  that  time  was  chief  clerk  of  the  Land- 
Office,  is  he  not  ? — A.  I  have  been  told  so. 

Q.  Told  so  since  you  have  given  the  contract? — A.  No. 

Q.  Before  that  ? — A.  Before  that  time  or  at  that  time.  My  recollection  is  that  he  had 
been  in  a  contract  in  Colorado  the  year  previous. 

Q.  Did  Mr.  Fowler  ever  go  out  in  the  field  upon  the  land  that  he  was  required  to  sur- 
vey?— A.  That  is  my  understanding  of  it,  sir. 

Q.  Do  you  know  that  he  went  in  the  field  ? — A.  I  only  know  from  what  he  or  his  partner 
said.  They  came  there  to  my  office  and  started  to  the  field.  His  partner  said  that  he  went 
to  the  field  with  him  and  staid  some  time,  and  that  he  let  him  off  when  it  was  necessary  to 
harvest  his  wheat,  and  he  went  down  to  harvest  his  w'heat,  his  partner  continuing  his  survey. 

Q.  Where  does  Mr.  Fowler  live? — A.  He  lives  down  near  Denver. 

Q.  How  long  did  he  stay  at  Cheyenne  when  he  came  there  ? — A.  I  cannot  say ;  perhaps 
a  day  or  two. 

Q.  He  staid  a  day  or  two  ? — A.  He  was  there  two  or  three  times. 

Q.  Where  was  the  land  that  he  surveyed— where  does  it  lie?— A.  It  lies  along  the  south 
boundary  of  Wyoming.  It  was  in  fractional  townships  along  the  south  boundary  of  Wy- 
oming, extending  westward  over  the  mountain  and  into  the  Laramie  plains. 

Q.  You  employed  a  young  man  by  the  name  of  Dallas,  did  you  not  ? — A.  No  ;  I  did  not. 

Q.  Did  you  not  have  a  young  man,  or  did  not  one  of  the  deputies  have  a  young  man,  by 
the  name  of  Dallas  working  for  them  ? — A.  One  of  the  deputies  took  young  Dallas  to  the 
field  as  a  flagman,  I  think. 

Q.  Who  is  young  Dallas  ?-«-A.  He  is  a  son  of  Mr.  Dallas,  the  chief  of  the  bureau  of  sur- 
veys. The  deputies  took  a  good  many  young  men  in  with  them  from  different  points. 

Q.  After  you  had  given  a  contract  to  Mr.  Fahringer  for  Mr.  Fowler,  the  brother-in-law  of 
Curtis,  and  Mr.  Dallas  came  out  there  to  work,  you  had  no  more  difficulty  then  with  the  De- 
partment about  getting  your  nephew  a  contract,  had  you  ? — A.  My  nephew  had  a  contract 
before  that  occurred  :  that  had  nothing  to  do  with  it. 

Q.  There  was  no  fault  found  about  it  afterward  ? — A.  There  was  no  fault  ever  found 
about  it. 

Q.  Did  Orvil  Grant  have  an  interest  in  any  of  the  contracts  ? — A.  I  cannot  say  as  to  thaf, 
sir. 

Q.  You  have  no  recollection  of  the  fact  that  Orvil  Grant  had  an  interest  in  any  contract 
let  by  you  ?^-A.  I  do  not  know  that  he  had,  now. 

Q.  Did  you  give  a  contract  to  Mr.  Medary  for  the  benefit  of  Orvil  Grant  ? — A.  No,  sir. 

Q.  And  you  have  no  knowledge  whatever  of  the  fact  that  Orvil  Grant  had  an  interest  in 
any  contract? — A.  He  never  had  his  name  in  any  contract. 

Q.  I  did  not  ask  you  that. — A.  Well,  you  do  not  want  me  to  answer  anything  that  I  do 
not  know. 

Q.  You  have  no  knowledge  of  the  fact  that  Orvil  Grant  had  an  interest  in  any  of  these 
contracts?  Do  you  say  that  ? — A.  I  think  I  can  say  that ;  that  he  had  none. 

Q.  Did  you  write  these  letters  ?  [handing  some  letters  to  witness,  who  reads  them.] — A. 
Yes,  sir ;  they  are  written  by  me. 

Q.  Now  I  ask  you  again  did  Orvil  Grant  have  an  interest  in  any  contract?— A.  It  is  a 
very  difficult  question  for  me  to  answer  without  considerable  explanation.  If  I  should  say 


G0\  .  I    SURVEYS    IN    \V^.ML\(,    TERRITORY.  21 

it  might  not  be  strictly  iiuo,  and  it'  I  should  MIV  "  Yes,"  I  should  say  what  I  did  not 
.     1  /r.   M.-  Ian  •         i  deal  of  work. 


. 

I  ii  your  letter  addre^  .  Stevens,  dated  February  7,  1~: 

i,  you  say:  "Medary's  last  d  raft  has  gone  to  Cedar  Falls  and  O.  L.  G." 
Do  you  mean  Orvil  L.  Grant?—  A.   1  "suppose  so. 

<ti.  (Continues  ni  ling:]  "seems   worried   that   nothing    has  come   to   the  source   of 
.  rt  ;   such  is   the  gratitude  -  ng  only  upon  honor  mid  DO 

bind  it."    Please  explain  what  you  m.  -m.      L  Thai  M.-r. 

'•ure  when  it  occurred.     I  ask  you  what  do  you  mean  l.y  it.—  A.    1 

hy  that—  from  the  fact  of  your  mentioning  that  his  initials  an-  then  —  I  met  him  in  Wash- 

11  at  that  time,  and  he  was  complaining  that  his  brother-in-law  liad  been  very  niggardly 

!    him,  and   had   not   let   him    share   anything  with    him  in  his  contracts  of  surveying. 

:othcr-iu-law  ?—  A.   Medary  was  his  brother-in-law.     He  said  lie  had 

lerabic  surveying  and  had   never  allowed    him  to  have  any  interest  or  benefit 

it. 

Medary  a  surveyor?    He  was  one  of  your  deputies.     You  gave  him  a  contract. 
•  •d  a  lioiid,  you  say,  and  took  the  oath.     Now  I  ask  you  whether  he  was  a  surveyor.  — 
A.   Hi  \\as  a  surveyor  and  had  been  surveying  from  the  office,  under  a  contract,  before  I 
gave  him  a  coir 

M.    Did  he  do  th«-  work  of  this  contract?—  A.  So  far  as  I  know,  he  did. 
<,'.   Do  you  not  know  that  he  did  not  do  fche  work  ?  —  A.  No,  sir,  I  do  not. 

Ik)  you  not  know  that  he  did  not  go  out  into  the  field  and  do  the  work?  —  A.    No,  sir. 
1  )o  you  know  that  he  did  go  out  into  the  field  and  do  the  work  .'—A.  I  have  seen  him 
in  the  iield  at  work  on  his  contract. 

I  low  often  have  you  seen  him  in  the  field  at  work  on  his  contract  ?—  A.  I  have  seen 

s  on  his  contracts  at  work. 
Q.  How  often?  —  A.  I  cannot  say  the  number  of  times  I  saw  him.     I  saw  him  when  he 

II  the  Larainie  plains  at  work.     I  saw  him  when  he  was  out  near  Fort  Rogers,  survey- 
ing on  his  conn  list  contract  was  from  my  predecessor,  Dr.  Latham. 

i,».  I  >i  d  not  Mr.  Medary  have  a  compass-man  by  the  name  of  Corey,  who  ran  all  the  lines 
and  whose  name  does  not  appear  in  the  notes  at  all  f  —  A.  I  understood  he  had  a  compass- 
man  by  the  name  of  Corey. 

Did  you  understand  further  that  he  did  the  work  ?—  A.  I  do  not  know  whether  ho  ran 
all  the  lines  or  not. 

<,'.    He  may  have  run  them  all  for  aught  he  knew  ;  may  he  not  ?—  A.  He  may. 

\  may  have  run  all  the  lines  so  far  as  you  know,  what  did  you  see  Medary  doing 
\%  hen  y..ii  saw  him  out  in  the  field  at  work—  looking  at  Corey  ?  —  A.  I  did  not  say  that  i 
him  on  the  Around  with  his  men  running  the  lines. 

Q.  You  simply  saw  him,  then,  on  the  ground  ?  —  A.  I  saw  him  on  the  ground 
«,».    The  work  was  all  done  hy  Corey,  was  it  not  .'—  A.  I  do  not  know,  sir. 
<,>.   You  think  it  was?  —  A.  I  do  not  say  1  think  so. 

^  ..u  never  saw  Medary  doing  any  of  it?—  A.  I  remember  of  my  objecting  to  his  ex- 

pending so  much  for  a  compass-man,  but  he  said  he  could  not  keep  up  with  his  men,  to  keep 

in  the  ti.  Id  all  the  time.     He  was  a  man  of  very  short  stature  and  legs,  and  he  could  not 

greatest  headway  through  the  sage-brush  in  surveying—  keeping  along  with  his 

.  the  lines. 

In  another  portion  of  this  letter  you  say,  "I  have  this  moment  parted  with  <  >.  : 

suggested  that  he  hire  a  good  assistant  and  go  out  on  his  own  hook  next  season  ;  for 
all  his  plans  seem  to  have  failed  this  year,  and  it  is  not  certain  that  he  will  receive  a  dollar 

M.        A.   1  understood  that  he  was  a  poor  man,  and  I  felt  an  interest  in  him  a; 

:rm-d  out  in  Chicago,  and,  as  stated  in  my  letter,  it  was  my  desire,  probably.  at  the  time. 
that  he  -Ii-mld  unite  himself  with  an  experienced  man  for  deputy,  and  have  some  surveying 

«,'    Yuii  knew  of  the  fact  tlisit  <  Mvil  (irant  had  an  interest  in  Medary's  contracts,  did  you 

.     1  did  not  know  ii  as  a  : 
Q.  \Vhen  did  you  tirst  learn  that?  —  A.  I  never  learned  it  as  a  fact—  that  he  had  an  iu- 

<,'.   !•  .     ;  never  learned  it.  what  do  you  mean  by  your  letter  when  yon  say,  "Medary's 
last  draft  has  gone  to  Cedar  Falls,  and  O.  L.  G.  seems  worried  that  nothing  has  com. 
source  of  M.'s  prosperity  yet?  "—A.  I  supp<      i  M  .M  darr  would  be  man  enough  to  < 
some  of  the  pn.tit*  "i;h  h  m.     He  was  a  single  man,  and  Mr.  Urant  \\as  not. 
was  a  1    understood,  and   he  was  supporting  Mr.  Medary's  mother  at  his  own 

i  .  I  thought  that  Mr.  Medary  might  share  some  with  1: 

\Vh.-n  did  you  tir^t  think  that  -at  th-  dary  ?—  A. 

I  do  :  s'hethcr  I  did  or 

OH  ever  suggest  to  Medary  that  he  ought  to  divide  \\ith  Orvil  (Jrant?—  A.   1 
.(  unle»  it  \\as   latterly—  aboui  1875. 

.  (irant  a  part  ol  utrnct 

had  been  supporting  Medary's  mother?  —  A.  I  thought  it  \\ou'.d  be  no  more  than 


22  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  You  never  suggested  to  Mr.  Medary  that  he  should  do  that,  you  say  ? — A.  No,  sir 
there  was  no  suggestion  made  unless  it  might  have  been  in  the  last  year  the're,  1875  ;  I  may 
have  said  something  to  him. 

Q.  You  said  nothing  to  him,  you  are  very  sure,  at  the  time  you  gave  him  the  contract  ? — 
A.  I  have  no  recollection  of  it,  sir. 

Q.  Why  did  you  give  Medary  a  contract  at  all  ? — A.  Because  I  found  him  a  deputy  on  my 
return  after  the  second  appointment. 

Q.  Who  had  made  him  a  deputy  f — A.  Dr.  Latham,  as  I  stated. 

Q.  Your  predecessor  f — A.  Yes. 

Q.  Had  he  made  him  a  deputy  ? — A.  Yes  ;  he  had.  I  would  not  turn  him  out  of  the  serv- 
ice, and  especially  after  he  had  surveyed  one  contract. 

Q.  What  were  the  profits  realized  on  that  contract  of  Medary  ?— A.  I  cannot  say,  sir. 

Q.  It  was  let  at  a  maximum  sum,  was  it  not,  making  $10  a  mile  ? — A.  Yes  ;  all  of  them 
were  let  at  the  same  price.  All  of  our  contracts  for  this  year  were  let  at  $10  for  section 
lines. 

Q.  Could  you  not  get  any  person  to  survey  for  a  less  sum  than  $10  a  mile  ? — A.  I  think  it  is 
very  likely  I  could. 

Q.  Why  did  you  not  do  it  ? — A.  Because  trusty,  good  men,  honest  men,  would  not  sur- 
vey for  less  than  the  customary  price,  especially  in  the  mining  country. 

Q.  Do  you  consider  that  Medary  was  a  trusty,  good  man  to  survey  ? — A.  Well,  I  sup- 
pose him  a  fair  average  surveyor. 

Q.  But  you  do  not  know  whether  he  ever  ran  a  line  in  his  life,  do  you  ? — A.  I  did  not  see 
him  running  lines. 

Q.  You  do  know  the  fact  that  he  had  a  compass-man  by  the  name  of  Corey,  who  did  run 
the  lines  ? — A.  I  know  that  he  had  Mr.  Corey  with  him  in  the  field  for  the  purpose  of  assist- 
ing him.  That  is  all  I  know  about  it. 

Q.  How  many  contracts  did  Norton  Grant  have  ? — A.  Well,  I  cannot  state  the  number. 

Q.  He  is  a  relative  of  Orvil  Grant,  is  he  not  ? — A.  Let  me  finish  my  answer  if  you 
please.  His  name  went  first  into  a  contract  in  the  fall  of  1870,  after  he  had  spent  that  sum- 
mer with  my  oldest  deputy,  Edwin  James,  who  had  been  a  deputy  surveyor  for  me  in  Mis- 
souri nearly  30  years  previous  to  that.  I  placed  him  with  him  as  a  hand  to  learn  the 
business.  He  remained  in  the  field  from  June  to  September  in  that  capacity,  and  learned  at 
the  same  time  to  survey.  The  two  Downeys  were  in  the  field  in  that  same  manner  as  hands, 
went  out  with  the  surveyors  to  learn,  and  in  September  of  1870,  my  recollection  is,  that  I 
gave  them  the  contract,  together  with  Grant's  name  and  Downey's  name — one  of  the  Down- 
eys, and  perhaps  both. 

Q.  Did  Grant  have  any  interest  in  any  contract  before  his  name  was  put  in  ? — A.  No,  sir, 
not  a  dollar. 

Q.  How  was  he  paid  the  first  summer  that  he  went  into  the  field  ?— A.  Paid  by  the  deputy 
as  a  hand. 

Q.  How  much  ? — A.  Forty  or  fifty  dollars  a  month. 

L.  C.  STEVENS,  being  duly  sworn  and  examined,  testifies  as  follows  : 
By  the  CHAIRMAN  : 

Question.  What  is  your  age  ? — Answer.  Thirty-one. 

Q.  What  is  your  occupation  ? — A.  I  am  a  real-estate  dealer  or  agent. 

Q.  At  what  place  ? — A.  Cheyenne,  Wyoming  Territory. 

Q.  How  long  have  you  lived  in  Cheyenne  ? — A.  Between  eight  and  nine  years. 

Q.  Were  you  at  any  time  employed  in  the  office  of  Surveyor-General  Reed,  in  that  Ter- 
ritory ? — A.  I  was. 

Q.  When  did  you  enter  his  office  ?— A.  In  the  fall  of  1870. 

Q.  In  what  capacity  ? — A.  As  transcribing  clerk. 

Q.  How  long  did  you  remain  there  as  transcribing  clerk  ? — A.  I  remained  there  as  tran- 
scribing clerk  until  the  time  that  Dr.  Reed  was  removed  ;  I  think  it  was  in  the  spring  of 
1873. 

Q.  What  did  you  do  after  Dr.  Reed  was  removed  ? — A.  I  continued  in  the  office  as  chief 
clerk. 

Q.  With  Dr.  Reed's  successor  ?— A.  Yes,  sir. 

Q.  How  long  did  Dr.  Reed's  successor  hold  the  position  of  surveyor-general  of  the  Ter- 
ritory ? — A.  I  think  between  four  and  five  months  ;  about  that  time. 

Q.  Mr.  Reed  was  then  re-appointed,  was  he  ? — A.  Yes,  sir. 

Q.  Who  was  his  successor  ? — A.  Dr.  H.  Latham. 

Q.  Did  he  resign,  do  you  know,  or  was  he  removed  ? — A.  He  was.  removed  ;  that  is, 
suspended  under  the  "  tenure  of  office  act,"  as  I  understand  it. 

Q.  Have  you  any  knowledge  of  the  manner  in  which  contracts  are  let,  or  were  let,  to 
deputy  surveyors  by  Dr.  Reed  ?— A.  Yes,  sir. 

Q.  Contract  No.  61  was  let  to  J.  W.  Hammond,  I  believe— two  contracts  were  they  not  — 
61  and  62?— A.  Yes, sir;  Nos.  61  and  62. 

Q.  Do  you  know  J.  W.  Hammond "? — A.  I  do,  sir. 


GOV1  .K\Mi:.\T    -  IN     WYOMING    TERRITORY. 

»,'.   Do  you  know  whether  any  other  person  had  an  interest  in  this  contract  .'—A.  In  those 

t\\o    ' 

Q,   V,-.— A.  I  do. 

O,   Who  did  have  an  interest  in  them  ?— A.  John  S.  Delano. 

M.    Do  vou  know  \\liat  tin-  extent  of  his  interest  WHS  .'  —  A.   I  know    the  amount  that  was 
noiu-y  that  Mr.  1  lammon.l  received  in  payment  of  the  work,  for  Mr.  John 
9,  D  llano,    It  was  >i 

Q.   Do  yon  know  \\hether  it  was  Understood,  at  the  time  the  contract  was  let  toMr.  Ham- 
mon.l,  between  himself  and  1'     K'.  .  I,  that  .John  S.  Delano  was  to  have  an  interest  in  that 
•  '     A.  II  was, 

the  bargain  with   him  for   Mr.  DelanoT— A.  I  spoke  to  Mr.   Hammond  in 

I   to  the  matter  my<elf  fust. 

Q.  Did  you  speak  to  him  of  your  own  accord  or  were  you  requested  to  do  so  by  any- 
body ?— A.  I  was  requested  to  do  so  by  J ' 

«,»'.  What  did  yon  say  to  him?— A.  I  told  Mr.  Hammond  that  then-  was  a  chance  for  him 
to  come  into  the  field.  He  was  not  expecting  any  work.  I  told  him  that  it  In-  was  trilling 
to  go  into  the  field,  HUM  let  Mr.  Delano  in  on  profits,  he  could  get  work,  and  asked  him  if 
.i\X  to  take  a  contract  on  such  terms.  I  talked  quite  a  while  with  him 
about  it  and  talked  lVe.lv.  He  was  an  intimate  friend  of  mine  and  I  advised  him  that  that 
was  the  only  show  he  had  to  get  anything  to  do,  and  that  he  had  better  do  that  than  be 
idle  ;  that  he  would  do  pretty  well  out  of  it  himself,  anyhow,  and  he  had  better  do  it,  and 
he  said  he  would.  I  then  reported  to  Dr.  Reed  that  I  had  seen  Mr.  Hammond  and  it  was 
all  right.  So  the  contract  was  let  to  Mr.  Hammond.  I  had  afterward  conversations  with 
Mr.  Hammond  and  with  Dr.  Reed  in  regard  to  those  contracts,  separately,  hut  never  with 
them  together.  I  know,  from  both  of  them,  that  they  both  understood  the  arrangement  as 
it  was  talked  up,  and  that  Hammond  went  into  the  field  on  that  understanding. 

M.  \Vl.at  was  Mr.  Hammond  to  receive  for  his  work  ?— A.  That  was  to  be  determined  by 
the  amount  that  he  made. 

Q,  \\  1  ;:  irai  Mr.  Delano's  interest,  if  you  remember  ?— A.  He  shared  equally  with  Mr. 
Hammond  in  the  profits. 

Q.  After  deducting  the  expenses  of  the  survey? — A.  After  deducting  the  expenses  of  the 
survey.  As  I  understood  from  conversations  with  the  doctor  afterward,  Mr.  Hammond  had 
owned  the  outrit,  the  mules,  the  compass,  and  the  equippage  generally,  and  also  did  the  work, 
and  for  the  use  of  his  outfit  and  for  his  services  he  was  to  receive  $125  a  month,  which 
was  deducted  before  the  division;  so  I  understood.  I  had  nothing  to  do  in  regard  to  the 
settlement. 

Q.  Did  you  have  anything  to  do  with  the  payment  of  money  to  Mr.  Delano  ? — A.  I  did. 

(,».  I'i.-as.-  t.)  state  what  you  had  to  do  with  that. — A.  Some  time  in  November,  1874,  the 
draft  was  received  from  the  Treasury  for  Mr.  Hammond  in  payment  for  those  contracts. 
Mr.  Hammond  was  not  in  town  at  that  time.  I  received  his  mail  when  he  was  not  in  town 
and  attended  to  his  business,  and  I  placed  these  Treasury  drafts  in  the  bank  to  his  credit, 
M  .  Hammond  had  told  me  that  he  had  given  to  Dr.  Reed  notes;  that  the  doctor  had  re- 
i  him  to  give  notes  for  what  was  coming  to  Mr.  Delano,  and  that  they  were  all  right. 
I  was  acquainted  with  the  arrangement  from  the  beginning.  On  the  '.i  1st  of  November, 
1874,  Dr.  KVed  showed  me  these  notes  given  by  Mr.  Hammond.  They  wm«  notes  made  on 
a  form  of  tin-  First  National  Bank  of  Cheyenne,  and  these  [producing  papers]  are  exact 
'copies  of  the  notes : 

i.|400,00.  "CHEYENNE,   <>  1874, 

'•On  or  before  February  I.  1-7-1.  we.  jointly  and  severally,  promise  to  pay  to  John  L. 
Merriam,  or  bearer,  out  of  the  draft  ot  my  surveying-contract  No.  1874, 

as  soon  as  received,  four  hundred  dollars,  at  the  First  National  Bank  of  Cheyenne,  for 
value  received,  *  in-fit  of  stay  and  exemption  laws,  with  interest  at  two  per  cent, 

per  month  ft.*  mat,  «J.  WBffiEY  HAMMOHD." 

'•1,000.00.  "W.\Miis«.n>\.  u. 

"On  or  before  1-Yhruary  1,  l^-l,  we,  joimly  and  pay  to  John  L. 

. .r  bearer,  our  ••:  BT-oontract,  1  1874,  one  thonsan 

lars.asHoon  as  i  I  the  First  National  Hank;..    <  raiving 

benefit  of  stay  and  exemption  Uw.%  with  interest  a!  •  u  ma'urity  till  ; 

'  J.    \\  1  .  "»  I  .  \  .\    1 1  A  M  M  * 'N  1 '. 

Dr.Keed  showed  me  those  notes,  and  told   u,.-   that   he  did  not    k., 

Hammond  was  not  in  town,  and  he  did  imt  Kn.-w  h..w   t..  collect  them  :    that  he  wanted  the 
inonr\    :,      M       |  i.     u    ,.      I  •         .... -tor  that   1  -  ct  them.      He  said  that  lie  would 

be  very  glad  if  I  w,.nld,and  he  guvi-  th.-m  to  n  i  v»  and 

went  down  to  !  .n  k    lit    i.n<  •  "  ''.  *  "' 

:    the>.-    notes,"    and    passed    tin  in    OW    the 


24  ALLEGED  FKAUDS  IN  CONTRACTS  FOR 

counter.  He  took  them.  I  then  said,  "I  will  pay  those  notes  for  Hammond,''  and  I  drew 
a  check  for  $1,400,  which  I  signed  "  J.  Wesley  Hammond,  by  L.  C.  Stevens."  I  was  au- 
thorized by  Mr.  Hammond  to  check  against  his  account  at  any  time.  I  passed  that  check 
over  to  Mr.  Wild.  He  took  it.  I  said,  "  Just  mark  these  notes  paid."  He  put  the  cancel- 
ing-stamp  of  the  First  National  Bank  on  the  notes,  and  handed  them  back  to  me.  I  then 
look  the  check  for  $1,400,  made  a  deposit-ticket,  and  deposited  it  to  my  private  account.  I 
had  been  instructed  by  Dr.  Reed  that  there  was  $505  of  this  amount  which  was  to  go  to  Utah 
to  pay  Mr.  Merriam's  mining  assessments,  and  the  balance,  which  was  $895,  he  wanted  to 
send  to  Mr.  Delano.  I  then  at  once  drew  my  check  on  the  First  National  Bank  of  Chey- 
enne for  $895,  and  asked  Mr.  Wild  to  give  me  a  check  on  New  York,  to  the  order  of  J.  S. 
Delano,  for  $895.  He  drew  a  check  as  requested,  and  passed  it  to  me.  I  passed  him  my  check 
in  payment  of  it.  There  is  my  check,  (the  original,)  and  here  is  the  original  draft  which  he 
passed  to  me,  [handing  papers  to  chairman.]  I  bought  the  draft  that  way,  paying  for  it  with 
my  check ;  and  $505  I  left  standing  to  my  credit.  I  took  this  draft  back  to  the  office.  Dr. 
Reed  had  a  letter  written — unsealed  it  was — addressed  to  J.  S.  Delano,  San  Francisco.  The 
letter  was  in  an  envelope  with  the  stamp  on,  and  the  envelope  all  ready  to  seal.  He  told  me 
to  put  in  the  draft  and  mail  the  letter.  I  folded  the  draft  in  the  letter,  sealed  the  letter,  and 
deposited  it  in  the  post-office.  It  was  directed  to  John  S.  Delano,  San  Francisco,  and  I  put 
this  draft  in  it. 

Q.  What  did  you  do  with  the  balance  ?— A.  With  that  balance  of  $505,  on  the  23d  of 
November,  1874,  I  purchased  other  New  York  exchange  to  the  order  of  Dr.  Silas  Reed, 
which  I  gave  to  him,  and  which  closed  the  transaction  between  the  doctor  and  myself. 
Some  months  afterward,  I  went  into  the  bank  and  told  an  officer  of  the  bank,  the  book- 
keeper, that  on  such  a  day  I  bought  a  draft  there  of  $895,  on  New  York,  and  I  wanted  to 
know  if  it  had  been  paid.  He  looked  through  the  drafts,  and  had  some  trouble  to  find  it, 
but  finally  found  it,  and  said  it  had  been  paid,  and  handed  it  to  me.  I  said,  "  I  would  like 
to  take  this  draft."  He  says,  "  We  have  no  further  use  for  it ;  take  it;  keep  it  if  you  want 
it."  I  did  so. 

The  check  referred  to  by  the  witness  is  as  follows , 

"  First  National  Bank  Cheyenne,  11,21, 1874.     $895. 

"  Pay  to  the  order  of  J.  S.  Delano,  eight  hundred  and  ninety-five  dollars 

"J.  E.  WILD,  Cashier. 

"  To  Fourth  National  Bank,  New  York.     No.  11870." 
This  check  is  indorsed,  "  J.  S.  Delano,"  with  the  further  indorsement : 
"  Paid  Laidlaw  &  Co.,  agents  of  the  Bank  of  California,  or  order. 

"THOMAS  BROWN. 
"  For  deposit  in  the  Bank  of  New  York.   N.  B.  A. 

"LAIDLAW  &  CO." 

The  WITNESS.  I  believe  that  is  a  complete  account  of  that  transaction. 

Q.  Did  you  at  any  time  send  these  papers  to  any  person  in  Washington  City ;  if  so,  to 
whom,  and  when  ? — A.  In  the  latter  part  of  March,  1875,  I  sent  them  to  B.  H.  Bristow. 

Q.  When  did  you  get  them  back  ? — A.  In  July,  1875. 

Q.  Where  was  Dr.  Reed  in  the  latter  part  of  March,  1875  ? — A.  In  Saint  Louis. 

Q.  Did  he  communicate  with  you  before  his  return  home  ? — A.  Quite  often ;  I  think  he 
went  away  in  the  latter  part  of  November,  1874,  from  Cheyenne  to  come  East. 

Q.  And  did  not  return  until  March,  1875?— A.  Did  not  return  until  May,  the  latter  part 
of  May,  or  early  in  June. 

Q.  What  was  the  communication  that  you  received  from  him? — A.  It  was  this  telegram. 

Witness  produced  telegram,  reading  as  follows  : 

"  WASHINGTON,  D.  C.,  April  27, 1875. 
"  To  L.  C.  STEVENS, 

Surveyor- General's  Office  : 

"  How  did  Campbell  obtain  D.'s  letters  to  me,  about  surveys  f 

"  SILAS  REED." 

Q.  Whom  did  you  understand  him  to  mean  by  D.'s? — A.  Delano's. 

Q.  John  Delano's  letters  ? — A.  John  Delano's  letters. 

Q.  What  was  the  next  communication  you  received  from  him  ? — A.  I  never  received  any 
other  from  him.  On  the  30th  April,  I  left  the  office.  His  nephew  received  a  telegram  from 
him.  I  cannot  be  positive  as  to  the  exact  language  of  it,  but  I  think  it  was  this  :  "  Relieve 
Stevens  and  take  charge  of  office  until  I  return." 

Q.  You  then  left  the  office  ?— A.  I  then  left  the  office. 

Q.  Did  you  know  anything  about  the  contract  let  to  Rogers  &  Lampton  ? — A.  Yes. 

Q.  Are  they  surveyors  ? — A.  Yes  ;  deputy  surveyors. 

Q.  Do  you  know  whether  Delano  had  an  interest  in  the  contracts  let  to  them  1 — A.  I  was 
told  so  by  Dr.  Reed. 

Q.  What  did  he  tell  you  ? — A.  The  doctor  told  me  about  the  amount  Mr.  Delano  was  to  re- 


GO--  I-N  WTTOIONO  TERRITOKV.          25 

.uul  toKl   .  contracts  out  of  which  it  was  to  mine.     That  was  one  of 

i.ut  amount  tin-  ilo.-t.ir  tnl.I  you  that  John  l).-l;iiio  was  to  receive  out 
of  all  ;  tl  .'-   A.  II.  told  in.-  that  he  "anted  to  make  up  :  UIO,  it  In-  could, 

:uch  he  was  to  receive  out  of  each  contract  ?  — A.    I  il.i  not  i 

that  la-  .ii.l  exacti'v  ;   he  lunl  some  tulk  with  me  about  it.  ami  my  recollection  is  that  he  said 
the  boys  e.mld  do"  the  townships  lor  alioiit  >:{:•(».  which  would  leave  s.'.">l'  tor  Mr.  Delano. 

:ie;tch  townsliipf— A.  On  each  to\\  nship. 

Q,    II.  \\  n, any  town>hips  did  Mr.  K'ogns  have  .'—A.   I  know  the  liability  of  his  contract. 
ntract  amounted  to  >J.ltio.  which  would   make  :U  townships.     That  was  fractional 
there,  which  made  odd  amounts.      That  was  tlm  liability  of  his  contract. 
</.    \  the  liability  of  the  contract  of  Mr.  Hays  T— A.  The  same. 

<t>.  Wa-  M:.  KY,  fl*|  the  same?— A.  $I,HUO  his  was;  'that  was  for  three  townships. 

Mr.  Thoma-Y       A.    1  he  liability  of  that  was  $J,900.     It  probably  embraced  some 

other  kind  of  work— township  exterior  lines.    That  was  the  amount  that  it  was  calculated 

.     When  the  contract  was  let,  it  was  calculated  what  the  work  would  come  to. 

_'uvi-a  bond  for  double  the  amount  of  liability,  and  that  was  the  amount  of  the  lia- 

Q.  Have  you  any  knowledge  of  the  character  of  the  work  that  has  been  done  by  these 
contractors  .' — A.  1  never  was  on  the  ground ;  no,  sir.     I  have  seen  all  the  field-notes,  how- 
ever. 
(t».  Can  you  form  an  opinion  from  the  notes  as  to  the  character  of  the  work  done  ?— A.  Do 

r  to  this  particular  work  ? 

Yes  ;  this  particular  work  in  all  these  contracts. — A.  Mr.  Hammond's  work  was  in  the 
vieinitv  of  Fort  Bridger — some  smooth  work  and  some  timber  woik. 

What  omld  Mr.  Hammond's  work  have  been  done  for  1    Could  it  not  have  been  let 
for  the  amount  that  he  himself  received  ? — A.  It  could. 

And  the  amount  that  was  paid  to  John  Delano  could  have  been  saved  to  the  Govern- 
ment?— A.  Yes,  sir. 

Q.  Is  that  the  case  with  all  the  contracts  that  were  let  there  ? — A.  Yes,  sir;  there  was  a 
numeration  ;  it  was  good,  profitable  work  for  the  deputy,  even  after  giving  Mr.  Delano 
his  share. 

1  )id  Dr.  Reed  ever  exhibit  to  you  a  letter  which  he  received  from  Ex-Secretary  Delano 
in  relation  to  this  matter  .' — A.  He  did. 
Q.  Do  you  know  where  that  letter  is  now? — A.  I  do  not. 

tt>.  Wa>  it  iu  the  possession  of  Dr.  Reed  when  you  saw  it  ? — A.  It  was.     He  handed  it  to 
me  t.»  r.  ad.     I  read  it  and  handed  it  back  to  him.     I  have  not  seen  it  since. 
</.  About  wh.it  time  was  that?— A.  That  was  in  October,  1-?  1. 
Q,   \v       it  a  while  before  Mr.  Delano  retired  from  the  Interior  Department  *— A. 
while  I  was  in  the  office. 

(t>.  It  \\a<  before  sending  the  draft  to  John  Delano? — A.  Yes  ;  a  mouth  before. 
»,'.  Can  you  state  the  content!  of  that  letter? — A.  I  can  state  the  sense  of  the  letter  cor- 
rectly.    It  was  a  short  letter.     I  read  it  once. 

.lust  tell  the  substance,  if  you  can.— A.  I  would  state  that  before  the  doctor  sh 
me  this  letter  he  spoke  to  me  in  regard  to  it ;  something  like  this  he  says  :   *\I  was  writing 
;ry  not  long  ago  and  I  mentioned  to  him  that  I  was  doing  something  for  John  out 
here.     I  got  a  letter  from  him  this    morning,  and  I  want  to  show  it  to  you  ;  just  see  how 
I  he  is."     He  thru  handed  me  the  letter  and  I  read  it.     It  was  an  autograph  letter  of 
Secretary  Delano's,  and  addressed  to  Dr.  Reed.     The  first  part  of  it  was  in  regard  to  some 
other  work,  wliich  I  did  not  pay  any  attention  to  or  charge  my  mind  with.     The   \ 
which  he  directed  my  attention,  ana  which  he  had  referred  to,  was  like  thi>  :    "  You  men- 
tion thru  YOU  are  doing  something  for  John  ;    I  hop.'  you  will  be  careful  not  to  do  anything 
that  \\iil  have  the  appearance  of  being  wrong."     That  was  about  all  I  paid  any  ati. 
to — all  that  1  noticed  particularly. 

V     1  )..  v..ii  r. -member  whether  there  was  a  clause  in  the  letter  thanking  the  doctor  t> 
kindness  to  J,,hu  ?— A.  To  the  best  of  my  recollection,  there  was;  it  was  a  complimentary, 
•  mt  letter. 

Did  the  doctor  tell  you  that  he  had  written  to  Kx-Secretary  Delano,  and  informed  him 
of  what  he  was  doing    tor  .John  .'—A.   He  did   before  he  showed  me  the  letter.     He- 
that  he  had  written  tl..  y  not   lony  1   had  mentioned  that    he  was   helping 

n. 1  then  introduced  the  subject  of  the  letter  and  the  letter  itself. 

Win-re  was  .John  at  that  time  .'  —  A.    I  i   Vn  DO  Idtft.      1    think  lie  was  in  ( 'alifornia  for 
several  \\e, -ks  pn  e  time  I  sent  him  the  draft,  and  would  have  been  in  Cali: 

hat  time.     I  think  he  was  there. 
M.    I  :  see  John  in  Cheyenne  T— A.  I  did. 

i;.   \\  •  •  11  uas  he  there? — A.  Ho  was  there  some  time  during'.tbe  summer  of  1874. 
M    1!     .  l.mir  did  i.,.  -A.  Wei!,  he  rcMiiain-  some  two  or  three  h<>' 

•il-lt   he  was   th.-iv.  to  the    best   of  your    rec,.'. 

i   there  at  one  time  on  his  way  to  Denver  and   >taid   there  from  evening  until 


26  ALLEGED  FEAUDS  IN  CONTRACTS  FOR 

about  midnight,  when  the  train  went  to  Denver.  I  saw  him  riding  in  a  carriage  with  three 
other  gentlemen ;  they  drove  up  to  the  sidewalk,  and  Mr.  McCann,  who  was  one  of  the  party, 
and  whom  I  knew,  asked  me  if  there  were  any  letters  for  Mr.  Delano  at  the  office. 

Q.  He  did  not  come  to  the  office  himself? — A.  No,  sir. 

Q.  I  mean  this  particular  time  ? — A.  No,  sir ;  not  this  time. 

Q.  Do  you  know  whether  he  had  ever  met  or  had  an  interview'  with  any  of  these  deputy 
surveyors  who  divided  the  profits  of  their  contracts  with  him  f — A.  Not  to  my  knowledge. 
To  the  best  of  my  knowledge  and  belief — and  I  had  a  chance  to  know — they  never  saw  him 
or  had  any  communication  with  him. 

Q.  Arid,  so  far  as  your  knowledge  goes,  they  were  permitted  to  do  the  surveying  by  agree- 
ing to  divide  the  profits  with  Mr.  John  Delano  ? — A.  That  was  the  case  with  Mr.  Hammond. 

Q.  And  the  contract  was  made  by  Dr.  Reed  ? — A.  It  was. 

Q.  Do  you  know  anything  about  the  contracts  that  were  let  to  Mr.  Orvil  Grant  outside 
of  what  is  contained  in  Dr.  Reed's  letter  that  has  been  read? — A.  I  know  nothing  about 
that  except  what  Dr.  Reed  has  told  me. 

Q.  Please  state  what  he  has  told  you  about  that  contract?— A.  Mr.  Medary  came  to  the 
office  to  work,  and  was  given  a  contract  by  Dr.  Latham,  and  was  at  work  in  the  field  when 
Dr.  Reed  was  re-instated.  About  the  time  that  Dr.  Reed  returned  Mr.  Medary  came  down 
to  Cheyenne  from  the  field,  and  when  I  met  him  I  said,  "We  have  got  another  surveyor- 
general  ;  look  out  for  heads."  He  says,  "  I  da  not  think  this  change  will  affect  me  at  all." 
I  had  no  further  conversation  with  him,  but  I  know — I  learned  afterward — that  while  he  was 
there  he  made -an  arrangement  with  Dr.  Reed  as  to  other  work  that  he  was  to  have  after  he 
got  through  the  contract  on  which  he  was  engaged  at  that  time.  The  doctor  told  me  some 
time  afterward  in  regard  to  it,  that  it  was  a  "mighty  sharp  trick  in  Latham"  to  bring 
Medary  out  there;  that  he  had  it  all  arranged  to  help  Mr.  Orvil  Grant,  who  was  poor,  had 
been  burned  out  in  Chicago,  and  wras  in  debt,  and  he  proposed  to  Orvil  to  put  him  in  the 
field,  and  that  Orvil  said  that  he  could  not  go  in  the  field  very  well,  but  if  he  would  put  in 
this  young  man  Medary  it  would  be  all  right.  The  doctor  said  that  Latham  had  found  this 
out  in  some  way  or  other  through  another  Grant,  who  was  working  in  the  office,  and  had 
come  out  and  brought  Medary  along,  and  the  doctor  said  that  that  was  a  very  "shrewd 
trick"  in  Dr.  Latham  to  capture  Medary  in  order  to  get  the  favor  of  Orvil.  Mr.  Medary 
remained  in  the  employ  as  deputy  there  from  that  time  as  long  as  Dr.  Reed  was  connected 
with  the  office,  and  did  not  get  through  until  some  time  afterward.  He  worked  there  last 
summer.  The  doctor  told  me  in  the  fall  of  1873  that  Medary  was  to  help  Orvil  out  of  some 
of  his  debts. 

Q.  Is  Mr.  Medary  a  practical  surveyor  ? — A.  No,  sir. 

Q.  Did  he  go  in  the  field  himself  and  remain  there,  do  you  know  ? — A.  Yes  ;  he  remained 
out  there  most  of  the  time,  out  in  that  vicinity. 

Q.  Did  you  ever  know  Orvil  Grant  to  do  any  surveying  in  that  Territory  ? — A.  No,  sir  ; 
I  do  not  think  he  was  ever  in  the  Territory. 

Q.  Proceed  to  state  anything  else  that  you  know  in  reference  to  those  matters. — A.  In 
the  fall  of  1873,  in  talking  about  Orvil's  matters,  and  as  to  what  Medary  would  do  for  him, 
Dr.  Reed  mentioned  that  Medary  was  spending  his  money  pretty  fast,  and  he  was  afraid 
there  would  be  nothing  left  for  Orvil.  When  the  doctor  came  back  and  Medary  w^as  going 
into  the  field  in  the  spring  to  work,  I  asked  the  doctor  in  regard  to  Orvil's  matters,  and 
whether  Medary  had  helped  Orvil  out  as  he  had  promised,  and  the  doctor  said  that  was 
fixed  up  all  right.  That  was  in  spring  of  1874.  Mr.  Medary  came  back  in  the  spring  of 
1874,  and  was  there  during  the  surveying  season,  and  had  contracts  all  the  time  to  large 
amounts.  When  his  contracts  had  been  given  him,  Dr.  Reed  asked  me  one  day  what  I 
thought  Medary  ought  to  make  out  of  that  work,  and  I  answered  him  that  I  did  not  see  how 
he  could  make  less  than  $5,000  however  he  managed.  He  says,  "That  is  just  what  I 
thought,  and  just  what  I  told  Mr.  Grant.  I  told  Mr.  Grant  that  that  ought  to  be  the  basis, 
and  that  if  Medary  did  not  report  that  much  profit,  he  had  not  done  it  right  and  had  not 
managed  his  work  right."  I  do  not  think  I  had  any  more  conversation  with  Dr.  Reed  that 
I  recollect  in  regard  to  Orvil  until  the  winter  of  1875.  He  mentioned  the  matter  to  me  in 
several  letters,  two  that  I  have  here,  and  one  or  two  that  I  have  not  got,  though  I  recollect 
about  what  he  said. 

Q.  Are  those  letters  missing  or  lost? — A.  I  could  not  find  them  among  my  papers. 

Q.  Did  you  look  for  them  ?— A.  I  did.  They  did  not  say  anything  particularly,  but  they 
referred  to  the  matter. 

Q.  Do  you  remember  what  he  said  in  those  letters  in  relation  to  Mr.  Grant's  interest  ? — 
A.  Yes ;  Dr.  Reed  did  not  like  Medary  at  all,  and  did  not  like  to  have  him  about,  and  com- 
plained a  good  deal  about  Medary,  and  the  way  he  acted. 

Q.  Toward  Grant  ? — A.  No  ;  acted  in  the  Territory,  and  he  said  that  Mr.  Grant  ought  to  get 
somebody  else;  that  he  could  get  a  man  who  would  make  more  money  for  him,  and  who 
would  be  pleasanter  to  have  about.  I  know  in  one  of  Ins  letters  he  referred  to  the  fact  that 
he  had  stoppe  !  somewhere  in  New  Jersey  where  Orvil  Grant  lived,  and  had  some  talk  with 
him  about  puttrtg  in  a  new  man  in  place  of  Medary,  and  that  he  thought  (or  that  probably) 
Mr.  Grant  won  :  consent  to  it. 

Q.  Is  that  all,  -;o  far  as  Mr.  Grant's  interest  was  concerned  ?— A.  I  think  that  is  all  I 
know. 


GOVERNMENT    SURVEYS    IN    WYOMING    TERRITORY.  L'  7 

...  Ware  there  no  other  pmoni  that  y,.u  know  of  who  had  intonate  in  oonl 

whose  iiiiiiH-s  il'nl  not  appear  in  the  papers  f  —  A.  Yes,  sir. 

wlJm.-A.  on,  II.  II.  Houghton;  1  think  th.it  ui  the  name;  I   i»ver 

thoOffhl  of  it  until  you  aske.l  me  tin-  .piestion-have  in.t  thought  ul  it  tor  yi 

\.llr  was  some  friend  of  Dr.  Reed  a. 
iV  Dojonkno  L  Bte  publtahes  •  iMwep*^  toiMwheie  fa 

think  •   I  d..  not  know  l.ut  it  is  (Jalena—  tin-  (Jalena  AdvertiM-.-,   1  think. 

Mr.  Hooghton  in  the  No,  sir. 

l).    In  whoso  name  was   t!,  :mide  out  in  which    he  hu«l    un  interest  .'-.• 

A  1; 
M    Were  t  In-  v  surveyors"  —  A.  Yes. 

I),,    vou    know   what    the   amount    of  the   contract  WHS  .'-A.    I    do    not. 


U  ,  ,.ut 
1   know  that   th,  transaction  was  completed  and  the  money  paid.  klheboysl 

^Tj.  'DO  you  derive  your  information  from  tbe  deputies  ?—  A.  |Some  of  it,  and  some  from 

*0?Wh£  did  th,-  doctor  t,ll  you  about  it  ?-A.  Well,  tbe  doctor  told  me  that  he  had  intended 
P  Mr.  llou.'l.ton,  who  was  his  old  iriend,  and  had  oftered  him  some  work,  but  that  h, 
could  not  conn-  out  there,  t..  work,  and  so  he  was  going  to  let  some  of  the  deputies,  for  they 
would  make  up  to  him  about  that  amount  which  he  could  make  on  a  small  contract. 
Q.  Do  you    know   of  any  other  persons  who  had   an   interest  in  a  contract,  and 
names  did  not  appear  in   the  papers  ?-A.  I   was  told  that  Norton  Grant  had  an  inter- 
the  Downey  contracts  UMoie  his  name  appeared.  . 

t»    Who  told  you  that  f—  A.  I   was  told  that  by  C.  J.  Reed,  chief  clerk  in 

n  that  Mr.  Grant's  name  did  not  appear,  as  I  recollect,  was  that  he  was  not  ot  age,  ai 
then-fore  not  competent  to  enter  into  a  contract. 

6.  Do  you  know  of  any  other  person  whose  name  did  appear  in  contracts,  and  who 
not  do  any  of  the  work  I—A.  James  M.  Fowler  was  one  person  of  that  kind. 

6.  Who  is  James  M.  Fowler?—  A.  He  is  a  farmer  and  postmaster  at  some  little  town 

Denver,  the  name  of  which  I  cannot  think  of  at  present. 
O.  Did  you  ever  see  him  in  the  Territory  I—A.  Yes. 

Q.  How  long  did  he  remain  there  when  he  came  there—  long  enough  to  do  the  work  .—A. 
No,  sir  ;  he  remained  there  a  day  or  two—  at  the  time  the  contract  was  made. 
O.  Who  did  the  work  f—  A.  Mr.  Fahringer. 

O    Do  you  know  the  liability  of  that  contract  ?—  A.  1  can  give  it  to  you.  [Referring  to  a 
memorandum.]    It  was  contract  No.  68,  to  Fowler  &  Fahringer  ;  liability  $4,000. 

Q.  Do  you  know  the  amount  that  Mr.  Fowler  realized  from  it?—  A.  I  was  told  1 
Fahringer  what  he  paid  him—  $1,400. 

Q.  Do  you  know  of  any  other   persons  who  had    an  interest  m  a  contract  and  WOO 
did  none  of  the  work  I—A.  I  do  not  think  of  any  other  just  now. 

O.  If  there  is  anything  else  that  you  desire  to  state  to  the  committee,  I  wish  you 
would  state  it.  You  have  sworn  to  tell  the  whole  truth  about  this  matter.  The  com- 
mittee does  not  know  what  you  know,  and  therefore  we  cannot  ask  you  specifically  every- 
thing that  we  ought  to  know  in  relation  to  this  matter.—  A.  I  would  state,  with  reference 
to  Mr.  Medary,  that  lie  did  very  little  of  his  work  himself,  if  any.  He  had  acoi; 
man  hired,  who  ran  the  lines,  and  was  surveyor  in  fact.  The  compass-man  did  all  oi  the 
.  and  wrote  up  the  notes,  which  Mr.  Medary  swore  to  and  turned  in.  Medary  paid 
him  $100  a  month. 

Do  you  know  whether  Mr.  Medary  understood  the  business  of  surveying  or  not 
he  a  practical  surveyor  ?—  A.  No,  sir. 

«,«    He  \\as  not  a  practical  surveyor?—  A.  No,  sir.    I  do  not  know  that  he  ever  nea 
surveying  until  he  came  t..  tl.e  Territory  and  took  a  contract. 

By  Mr.  BOOV1  ! 
Q.  I  understand  you  to  say  that  you  haJ  seen  a  letter  from  Secretary  Delano  to  Dr. 

Q.  Do  j'ou  remember  about  tho  date  of  it  I—A.  It  was  in  October,  1874.     I  do  not  recol- 

Did  that  letter  acknowledge  any  services  that  had  been  performed  by  I  >.. 
John  Delano  ?    Wa»  Dg  thanks  to  him  tor  hi->  kindness  to  Join:  it  was 

Vas  it  in  reply  to  a  letter  that  had  been  written  by  Dr. 
A.  Yes,  sir.     The  doctor  told  me  that  he  had   written  such  a  loiter. 

::-  letter  indicate  that  the  Secretary  ha  1   knm\  l.-dgi-  of  the  fact  that  John  had 
an  inter.  :racts  '—  A.    It  did  i:-  any  contracts  at  all. 

<  >.    Wai  there  anything  in  tin-  letter  forbidding  the  letting  of  an  ;n  which  .lol 

was  interested,  or  cautioi  -I  upon  that  rabjed     -A.  The  language  wa- 

like   khfc;        I    liope   you    will    iH.t    do   anything   that    will   have   the    upi  • 

i  it  in  that  way. 


28          ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  There  was  no  order  to  him,  however,  not  to  allow  John  to  have  an  interest  in  any  of 
those  contracts? — A.  No,  sir. 

Q.  Were  any  contracts  let  after  that  in  which  John  was  interested  ? — A.  No,  sir.  The 
contracts  had  all  been  let  in  the  spring  and  summer.  The  money  had  been  collected  on 
them  then. 

Q.  Are  you  pretty  certain  about  your  recollection  of  the  contents  of  that  letter  ? — A. 
I  am. 

Q.  State  to  the  committee  whether  or  not  it  was  the  custom  of  Dr.  Reed  to  let  contracts 
to  parties  who  were  not  practical  surveyors,  upon  the  idea  that  they  would  get  practical 
surveyors  to  assist  them? — A.  No,  sir;  he  would  let  them  to  persons  of  that  kind,  and  let 
them  go  ahead  the  best  they  could. 

Q.  Not  practical  surveyors  ? — A.  No,  sir. 

Q.  Did  he  not  let  contracts  to  men  who  were  not  surveyors  ? — A.  He  did  ;  all  they  knew 
about  surveying  was  what  they  learned  there  in  the  field,  working  for  the  Government.  It 
was  not  so  in  every  case,  of  course. 

Q.  I  do  not  mean  in  every  case  ;  I  mean  the  general  rule.  In  other  words,  he  did  not  con- 
fine himself  to  surveyors  when  he  let  contracts.— A.  No,  sir. 

Q.  John  Delano  was  not  a  surveyor,  was  he  ? — A.  No,  sir. 

Q.  Did  he  ever  go  into  the  field  and  do  any  particular  work  ? — A.  No  ;  not  at  all,  sir. 

Q.  Did  he  ever  accompany  any  person  to  the  field,  so  far  as  you  know,  such  as  the  sur- 
veyors who  did  the  work  ? — A.  He  did  not. 

Q.  Did  he  ever  execute  a  bond  in  the  office  ? — A.  He  did  not. 

Q.  Did  he  ever  take  an  oath  as  surveyor  or  deputy  surveyor  ?— A.  No,  sir. 

By  Mr.  WOODWORTH  : 

Q.  Where  were  you  when  that  letter  was  exhibited  to  you  from  Secretary  Delano  to  Dr. 
Reed  ?— A.  In  Dr.  Reed's  office. 

Q.  Were  you  then  his  chief  clerk  ? — A.  I  was. 

Q.  What  was  the  other  business  that  he  wrote  about,  aside  from  the  matter  you  have  de- 
tailed— do  you  remember? — A.  I  do  not  recollect  exactly  ;  I  could  not  state  with  any  cer- 
tainty. 

Q.  But  you  remember  this  other  part  of  it? — A.  Yes. 

Q.  You  do  not  remember  what  the  business  part  was? — A.  I  do  not ;  something  I  had  no 
interest  in. 

Q.  Something  connected  with  the  business  of  the  land-office  ? — A.  No,  sir ;  it  was  a 
private  letter,  a  personal  letter. 

Q.  Was  there  anything  said  in  that  letter  with  regard  to  the  health  of  John  Delano  ;  any 
inquiry  made  in  regard  to  it,  or  anything  said  in  regard  to  it  ? — A.  Not  that  I  recollect. 

Q,  You  had  seen  John  Delano  prior  to  that  time,  had  you  not?  He  had  been  in  the  Ter- 
ritory prior  to  that  time,  as  you  have  already  said  ?— A.  Yes. 

Q.  You  knew  he  was  a  man  out  of  health — consumptive  ? — A.  1  had  been  told  so. 

Q.  Did  you  not  know  that  John  Delano  had  been  brought  there  on  account  of  his  health, 
and  was  traveling  at  that  time  on  account  of  his  health,  and  that  Dr.  Reed  felt  a  good  deal 
of  solicitude  for  his  health  ;  and  did  you  not  Know,  further,  that  that  was  the  matter  referred 
•to  in  that  letter,  and  not  any  contracts  ? — A.  No,  sir;  I  did  not- 

Q.  Was  there  anything  said  about  contracts  in  that  letter  ? — A.  Nothing  at  all. 

Q.  Do  you  want  to  leave  the  impression  upon  the  minds  of  this  committee  that  that  letter 
had  reference  to  contracts  that  John  Delano  was  having  from  Dr.  Reed  ? — A.  I  do. 

Q.  Why  do  you  wish  to  leave  that  impression  ? — A.  Because  of  the  conversation  with 
which  the  doctor  led  up  to  this  letter. 

Q.  Not  from  anything  in  the  letter,  but  from  the  conversation.  What  was  that  conversa- 
tion ? — A.  He  said  that  he  had  written  to  the  Secretary  a  short  time  "before. 

Q.  What  did  he  say  he  had  written  about  ? — A,  A  letter  in  which  he  had  mentioned  that 
he  was  doing  something  for  John. 

Q.  Did  he  say  what  he  was  doing  for  John  ? — A.  No.  sir  ;  I  did  not  know  of  anything 
else  he  was  doing  except  helping  him  to  share  these  contracts  ;  that  was  what  I  supposed 
the  doctor  was  talking  about. 

Q.  You  did  not  know  anything  about  the  matter  of  John's  being  sick,  and  the  doctor 
being  his  adviser  in  his  going  out  West  for  the  purposes  of  his  health,  did  you  ? — A.  No,  sir. 

Q.  He  did  not  say  anything  about  that  ? — A.  No,  sir. 

Q.  What  else  was  said?— A.  He  then  said,  "  I  will  show  you  the  letter.  See  how  very 
careful  the  Secretary  is ;  "  then,  also,  the  language  of  the  letter  :  "  I  hope  you- will  not  do 
anything  that  will  have  the  appearance  of  being  wrong."  That  would  not  lead  me  to  sup- 
pose that  it  was  solicitude  for  his  health. 

Q.  Instead  of  saying,"  How  very  careful  the  Secretary  is,"  did  he  not  say,  "  How  very 
careful  the  Secretary  is  of  his  son's  health  f '  Was  not  that  the  language  used  ? — A.  No,  sir. 

Q.  Or  how  very  solicitous  he  is  of  his  son  ? — A.  No,  sir. 

Q.  Do  you  pretend  to  give  us  the  exact  language  of  that  letter  at  that  time — the  words  of 
a  letter  written  in  October,  1873? — A.  Yes  ;  I  do  not  pretend  that  I  can  give  you  every 
word,  but  that  was  the  exact  sense. 


GOYKUNMKNT   SURVr.vs    IN    \\Y<>MI\<;    TERRITORY, 

g  ready  t..  swear  that  In-  .li-l  not  use  that   lan^ua^e  tliat  I  mention.- 1.  a-i  to 

t'h.-  health  of  his  son  ?"— A.   I  am  :   I  am  M  78  of  that. 

V..ii  ran  remember  that,  distinctly,  over  this  lapse  of  time,  hut  cannot  remember  • 
the  other  part  of  the   letter,  n.>r  what    it  was  about  ?— A.    IWum-   mj  attention 

;  (,,  it ;  1  di.l  not  pay  any  attention  t..  it :  my  attention  was  directed  to  the  other, 
long  have  you  lived  to  Cheyenne  '—A.  I  have  lived  there,  with  the  exception  of 
about  live  niMiiths,  siiicw  I>eccmber,   I- 

x  ..u  not  engaged  there  before  you  went  into  the  surveyor- general  s  office  .'—A. 

,','^ior  whom  ?— A.  At  the  ti.n-   1  went  into  Dr.  Reed's  office,  I  was  clerking  for 

</    In  what  business  was  he  engaged  ?— A.  He  was  engaged  in  the  liquor  and  cigar 

bush.. 

M.  Wholesale  or  retail  t— A,  Both. 

Q.  In  « ther  words  you  were  "  tending  bar  ;"   that  was  the  amount  ol   it  !—\.    I 

ii  v  business;  ves,  sir. 
M.   \\  I:..  \\as  Dr.  Reed's  predecessor?— A.  Dr.  Latham,  tins  last  tune. 

1  mean  the  first  predecessor  .'—A.  Dr.  Reed  was  the  first  incumbent ;   he  came 
and  organi/ed  the  office  in  1870. 

Q.  You  continued  until  what  time  /    When  were  you  finally  discharged  from  Office  .'—A. 
Ion  the  :;nth  April,  1-7:..     1    had  already  resigned ;   my  resignation   had   been 
pted  bv  Dr.  Reed.     He  was  not  at  home. 

Q.  Why  had  you  resigned  ?— A.  To  go  into  other  business.     I  had  made  arrangements  for 
opening  a  real-estate  and  collection  office. 

ct>.  You  spoke  of  your  going  into  the  bank  and  petting  this  draft  that  you  have  ezhi 
t.)  th.-  committee  from  the  cashier  of  the  bank;  was  that  before  or  after  your  resignation?— 
\.   i  ;  t:  PTM  after. 

M.  At  whose  instance  did  you  do  this?— A.  My  own. 

<  >.   1'or  what  purpose  f — A.  I  went  in  to  see  if  the  draft  had  been  paid,  and  I  got  p 
of  it,  so  as  to  be  able  to  say  that  Mr.  Delano  received  that  particular  sum  of  money. 
\Vhv  should  yout  want  to  do  that? — A.  Because  I  had  determined  to  make  an  < 
whole  matter. 

Q.  To  whom  ? — A.  To  the  administration. 
O.  Did  you  do  it  '—A.   1  tried  to. 

M.   \vh,-n  '—A.  Sometime  in  the  month  of  March— the  latter  part  of  March,  167o,  1 
the  papers  to  Washington. 

(t>.  To  whom  did  you  send  them  ?— A,  To  Secretary  B.  H.  Bristow. 

M.   Did   \..u  communicate  to  any  person  in  Cheyenne  before  that  time  what  you  have 
rommunicated   to  the  committee  with  regard  to  John  Delano's  connection  with  these 
tracts  and  drafts  '—A.    I  did. 

I  Q  whom  ?— A.  I  told  it  to  Mr.  Corlett,  my  partner,  and  I  told  it  to  Governor  C.unp- 
hell,  who  was  governor  of  the  Territory  at  the  time;  it  was  about  the  time  when  he  1- 
Territory,  1  believe  ;  and  I  told  it  to  Major  Wolcott. 

Q.  Your  feeling  is  not  very  kind  at  this  time  toward  Dr.  Reed,  is  it,  Mr.  Stevens       A 
' 

«,».    You  have  spoken  of  contracts  being  let  to  parties  who  were  not  surveyors,  and  nave 
.  1  think,  of  this  Mr   M,-dary  as  being  a  person  not  a  surveyor;  are  you  acquainted 
with  him? — A.    Ves;    quite  well. 

You  know  that  he  is  not  a  surveyor,  do  you  ?— A.  Well,  I  know  that  he  is  not  a  prac- 
tical surveyor,  not  a  competent  surveyor;  he  is  a  deputy  surveyor. 
M.   Does  he  understand  the  art  of  surveying'     In  other  word-,,  would  h--  be  able  to  run 

Q6fl  and  do  the  work,  if  required  to  do  it  .'—A.    It  is  a  matter  of  opinion  ;    I 
the  field  with  him  myself. 

This  man,  11.  II.  llou-hton,  who  was  he?    Do  you  know  him  '—A.  Only  as  I  have 

•.fated   here. 

M.    Doy<    :  !.'.<•  v   v.  hether  he  was  a  practical  surveyor  or  not  .'—A.  P»O. 
«,'.    ^nil  do  not  knew  ativthing  about  that  .'—A.   No. 

M.   What  do  yon  know  about    I  ;.-  a   practical  surveyor  f— A.  Ye 

then  in  the  ofhYc  „•„„        :          nned  his  ;  :ht  there. 

M.  : 

ton  (nant  .'  —  A.   lie  is  a  distant  relative  of  Pro'idi  lit  (Jiunt.      I  do  not  know 
i.t  —  a  second  cor. 
<t'.  \Vlio  is  Orvil  Grant  .'—A.   lie  is  the  brother  nt  (Jrant.   .  'and. 

r,y  Mr.  WpODWOBI  n: 

1  understand  Mr.  Medary's  first  coutmct  was  under  Mr.  Latham  ?— A.  It  was. 

r,y  the  (    II  MUM  \N  : 

Q.  Did  you  ever  write  H  letter  to  President  Grant  in  connection  with  tl  e<e  matteis?— A» 


30  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  Please  toll  us  what  that  was — what  you  complained  of  in  that  letter. — A.  I  will  state 
that  shortly  after  I  left  the  office,  (I  left  on  the  30th  of  April,)  there  came  into  my  possession 
a  Treasury  draft  for  $90,  drawn  to  the  order  of  Walter  Brown.  The  money  was  not  intended 
for  Walter  Brown,  but  intended  for  a  person  who  was  working  in  the  office  and  was  being 
paid  as  a  clerk  in  the  office.  I  took  that  draft  when  it  came  into  my  possession,  (that  was 
after  I  had  sent  these  papers  to  Washington,)  and  made  a  sworn  statement  respecting  it 
and  forwarded  it  here. 

Q.  To  whom  ? — A.  I  forwarded  it  to  Governor  Campbell,  and  he  wrote  me  that  he  had 
received  it,  and  handed  it  to  the  President.  That  is  all  that  I  knew  about  it.  I  supposed 
it  was  in  the  President's  hands.  When  Dr.  Reed  came  back  to  Wyoming  in  the  summer  of 
J875,  after  he  had  been  there  some  time,  he  came  to  me  one  day  and  asked  me  in  regard  to 
this  draft,  what  had  become  of  it.  I  told  him  I  had  returned  it  to  the  Treasury  Department. 
He  did  not  have  much  conversation  with  me,  but  he  then  went  and  saw  the  young  man, 
Walter  Brown,  to  whom  the  draft  was  made  payable,  and  had  some  conversation  with  Mr. 
Brown  in  regard  to  this  matter,  which  conversation  Mr.  Brown  came  and  repeated  to  me. 
I  have  it  here  in  Mr.  Brown's  writing.  If  it  would  be  of  any  interest  to  the  committee  in 
this  connection  I  will  read  it. 

Q.  Produce  it.  Do  you  know  it  to  be  Mr.  Brown's  handwriting  ? — A.  Yes,  sir ;  he  wrote 
it  at  my  request  and  gave  it  to  me  at  the  time. 

It  reads : 

"CHEYENNE,  WYO.,  September  1,  1875. 

"The  following  is  a  statement  made  to  me  in  Pease  &  Taylor's  office,  August  26,  1875, 
by  Dr.  Silas  Reed  : 

"He  commenced  by  telling  me  about  his  hiring  Mr.  Leverett  C.  Stevens  as  clerk  in  his 
office,  at  $100  per  month,  salary,  and,  finding  him  to  be  a  good  clerk,  made  him  a  proposition 
to  sweep  and  dust  out  the  office,  and  he  would  allow  Mr.  Stevens  $30  a  month,  the  amount 
that  would  have  to  be  paid  if  he  hired  some  one  else  to  do  it,  which  he  said  Mr.  Stevens 
agreed  to.  After  awhile  Mr.  Blackstone  needed  a  little  help,  and  so  Mr.  B.  was  allowed 
the  $30  extra  money.  Then  Mr.  Parsball.  and,  finally,  the  young  man  who  takes  care  of 
the  office  now.  Reed  said  then  that  he  wished  to  tell  me  a  few  facts,  as  he  knew  I  was  a 
friend  of  Mr.  Stevens.  He  told  me  then  that  some  parties  here  had  got  up  a  plot  to  have 
him  removed  from  office,  and  had  succeeded  in  getting  Mr.  Stevens  to  help  them.  He  said 
that  the  President  showed  him  some  papers  while  he  was  in  Washington,  and  he  asked  him 
where  he  got  them,  but  the  President  didn't  want  to  mention  any  names,  but  remembered 
that  Mr.  Stevens  had  sent  them  on  to  Governor  Campbell.  Reed  said  that  one  of  the  papers 
was  a  draft  drawn  on  the  Fourth  National  Bank  of  New  York  City  in  favor  of  Delano,  which 
he  had  Mr.  Stevens  mail  at  Cheyenne,  and  it  went  by  the  way  of  San  Francisco,  Cal.,  to 
New  York,  and  then  it  should  come  back  with  other  papers  to  the  First  National  Bank  of 
this  place,  but.  he  looked  over  the  drafts  here  and  it  was  gone.  Some  one  had  stolen  it  out 
of  the  bank,  and  he  said  Stevens  was  the  only  one  that  could  have  done  it.  He  said  he 
explained  it  to  the  President,  why  he  bad  used  the  appropriation  money,  and  he  (the  Presi- 
dent) said  that  if  Reed  wanted  to  give  the  money  in  that  way  to  Delano  he  had  a  perfect 
right  to  do  so.  He  also  had  a  draft  drawn  in  favor  of  myself  for  work  done  in  the  survey- 
or's office,  which  he  explained  to  the  President,  and  the  President  said  it  was  all  right. 
He  also  said  that  the  Government  would  not  allow  this  young  man  (before  mentioned)  to 
be  beat  out  of  his  money,  and  that  the  said  draft  drawn  in  favor  of  myself  would  be 
returned,  and  he  didn't  want  me  to  sign  it  or  to  do  anything  with  it  but  to  hand  it  to  him. 
Reed  also  said  that  it  was  damned  ungrateful  in  Stevens  to  betray  him  so.  He  said  much 
more  about  the  matter  that  I  can't  remember  now,  but  I  can  swear  that  the  above  statement 
is  just  what  he  told  me.  Reed  also  said  that  he  did  not  know  even  that  I  had  been  in  the 
habit  of  signing  the  vouchers,  for  he  didn't  take  any  notice  of  them  ;  said  Stevens  made 
them  out  and  he  just  signed  them  without  reading  them  at  all. 

"W    C.  BROWN." 

Mr.  Brown  came  to  me  and  repeated  this  conversation.  About  that  time  Burdett,  Com- 
missioner of  the  General  Land-Office,  was  in  Cheyenne.  Right  after  Mr.  Burdett  went  away 
Mr.  Brown  came  to  me  and  said  he  had  been  told  by  Mr.  Hay,  who  had  been  a  deputy  in 
Dr.  Reed's  office,  that  they  were  going  to  send  out  for  that  draft ;  that  they  would  send  a 
letter  and  would  request  the  return  of  it,  and  asked  me  what  he  had  better  do,  and  I  told 
him  not  to  sign  it  if  such  a  request  did  come.  I  told  him  that  I  did  not  believe  any  such  a 
request  would  come,  but  if  it  did,  I  said,  "  Don't  you  sign  it."  He  came  to  me  a  few  days 
afterward  and  said  they  had  brought  him — (Mr.  Hay.  who  was  a  personal  friend  of  his  whom 
lie  did  not  like  to  disoblige,  had  brought  him)  this  request  and  he  did  not  like  to  refuse  to 
sign  it,  but  before  getting  this  request  signed  he  had  showed  him  a  letter  from  the  Commis- 
sioner of  the  Land-Office  stating  that  if  Walter  Brown  requested  the  return  of  that  draft  it 
should  be  returned  to  him. 

Q.  You  say  that  money  was  intended  for  some  other  person  ? — A.  Yes. 

Q.  And  no"t  for  Walter  Brown  ?— A.  Not  for  him. 

Q.  Who  was  the  other  person  ? — A.  Mason  G.  Day. 


BUBVEYfi    IN    WYOMING    TUM<m n:v.  31 

M.  In  what  capacity  u  as  he,  nirage.1  in  the  officeT-V.  II-  *M  towing  pay  as  clerk 
ami  al-o  «lit:ii"  tl'..  :.ieh  this  money  \\iis  intended.  A-  noon  as  Brown 

told  me  tluit  be  had  si.'iied  this.  I  saw  ut  one, -that  1  >r.  K'e-d  WHS  determined  to  ^ion 

,,f  tj,:l.  :    tlu>  ilnit't  it  was  in  tin-  President's  buds.      1  iBUMd] 

>ut  down  and  addressed  n  personal  letter  to  the  President  which  I  signed  and  sent  to  him. 
I  never  received  anv  i.-j.lv  t.>  it  :  I  do  not  know  anything  uhout  tin-  result  of  it,  but  m  that 
letter,  which  was  a'lonjr  letter,  (I  have  a  copy  of  it  here  but  it  would  not  interest  you,)  I 
protest,  ,1  Mgain>t  that  dratt  l.ein.u'  returned  to  K'ee-d  or  to  anybody  without  investigation. 

Q.  Was  NValn-r  I'.iown  cmploved  iii  the  office  at  all?— A.   No,  sir. 

o.   Mad  he  auv  eonn.'ctioii  with  the  office  ?— A.  Not  the  least. 

•  ii  \II;M  \\  here  inquired  of  Dr.  Reed  if  he  desired  to  ask  the  witness  any  questions 

.  •niiiiition. 

Dr/Ki  M..  1  have  a  liumljer  of  questions  to  ask,  and  I  ask  the  privilege  of  the  committee 
tluit  I  may  have  the  opportunity  now. 

The  CHAIRMAN.  Wu  will  grant  it,  sir. 

Cross-examination  : 

By  Dr.Rr.i :i»: 

Q.  You  spoke  of  this  draft  in  tlie  name  of  Walter  Brown,  and  you  brought  Mr.  Brown's 
stat.-nent  here  to  show  that  I  spoke  to  him  about  it,  ami  in  which  he  says  that  I  suid  I  had 
explained  about  that  particular  draft  to  the  President.  I  did  not  see  the  President  after  the 
•JDth  of  April  :  upon  what  day  did  you  receive  that  draft  ?— A.  I  received  that  draft  in  the 
curlv  part  of  May. 

M.  Mow  did  the  name  of  Mr.  Brown  come  to  be  used  in  that  draft  1—4.  Because  the  ac- 
count was  audited  to  him  :  his  name  was  used  and  he  signed  the  voucher. 

<(>.  Who  prepared  the  account  ?— A.  I  did. 

Q.  Was  that  the  first  account  that  you  had  prepared  in  Mr.  Brown's  name  tor  that  partic- 
ular purpose,  of  janitor? — A.  It  was  not. 

I  low  long  Imd  his  name  been  used  to  cover  that  small  amount  of  janitor- salary  T— A. 
I  think  for  a  matter  of  two  years  ;  perhaps  more. 

M.   I..  ;  me  a-k  von  if  you  did  not  use  his  uame  in  1870f — A.  No,  sir. 

«,'.  Late  iu  1870,  was*  it  not  used  to  cover  your  services  in  that  very  capacity?— A. 
No,  sir. 

Q.  You  will  swear  to  that  ?— A.   I  will. 

(,».  Will  you  swear  that  his  name  was  not  put  in,  then,  very  early  in  J871  for  such  a  pur- 
pose— to  cover  your  service  as  janitor  ?— A.  It  never  was  put  in  to  cover  mine  at  all.  I 
swear  positively  to  that. 

M  Whan  ITM  the  lirst  time  his  name  was  usei  to  cover  the  janitor's  account  ?— A.  Well, 
it  \\a*  iiM-d  as  soon  as  it  became  necessary  to  have  an  account.  There  was  a  long  time  in 
which  it  went  into  an  incidental  account. 

M.  It  is  an  incidental  account  all  the  time,  is  it  not  ?— A.  Allow  me  to  explain.  An  im-i- 
denta!  account  audited  in  your  own  name  by  which  the  draft  was  drawn  in  your  favor,  and 
you  drew  the  money,  and  then  paid  this  janitor's  bill.  It  was  done  in  that  way  for  a  long 
time  ;  but  after  some  time  the  Department  objected  to  so  large  an  account  as  $UU  a  quarter 
going  in  in  that  way,  and  said  that  this  janitor  must  sign  his  own  vouchers  and  draw  h;> 
o\\  n  drait.  and  1  think  we  used  Mr.  Brown's  name  always  after  that,  and  probably  his  name 
had  been  used  before  in  your  account  as  the  name  of  the  janitor. 

\nd  who  was  the  janitor  in  my  office  in  the  fall  of  1870  when  you  first  became 

;.  '—.\.  i 

When  you  first  became  clerk  '—A.  I  am  not  sure  in  regard  to  that.     I  think  it  waa 
Charta  J,  i:--e.i. 
M    W      the    mitor  not  a  colored  man  when  you  first  came  into  the  office? — A.  1  nave  no 

lection  of  any  colored  man  when  I  tirst  ca there. 

V    Whoever  was  janitor,  did  you  not  object  to  him  as  not  being  faithful  in  putting  the 
office  in  good  order  each  morning  '—A.   I  think  very  possibly  1  may  have.     I  do  no: 
lect  in  n-^iiid  to  that. 

Q.  When  I  Mked  you  whom  we  should  select  to  do  that  duty  better,  did  you  not  reply 
u.-uld  do  "it  yourself.'— A.  1  do  not  recollect  in  regard  to  any  statements  about 
otter  ;  hut  I  recollect  that  I  either  asked  you  or  at  my  suggestion  it  waa  aaked  of 

\..ll   tint    v..ii  let   me  do  it. 

'/    D      you  not  perform  that  duty  in  addition  to  your  acting  as  transcribing  clerk  for 

Some  four  or  five  months. 
Not   until  your  salary  was  raised—the  next  May  or  . June,  say  T— A.  No.str;   I 

until  the  boys  came  in  from  the  field,  and  th--n  either  George  Thomas  01 
Lampion  did  it  during  tin-  winter :    I  do  not  recollect  which. 

Your  uame  was  used  in  that  account,  was  it  not— the  account  of  the  services  of  the 
janitor  '  — 

ade  out  the  account, then?— A.   I  think  I  did  all  of  that. 


32  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  What  name  was  used,  then,  if  yours  was  not  ?— A.  I  do  not  recollect  whether  it  was  a 
fictitious  name  ;  but  I  think  it  was. 

Q.  You  were  in  the  habit  of  keeping  my  accounts  at  that  time  in  the  office,  were  you 
not? — A.  I  made  the  accounts  out  always  after  I  had  been  in  there  a  few  weeks. 
Q.  What  was  paid  the  janitor  for  services  ? 

WITNESS.  When  I  first  took  it  ? 

Dr.  REED.  Yes,  and  all  the  time  along. 

A.  When  I  first  took  it  you  paid  me  $12.50  a  month,  and  when  the  boys  came  in  from 
the  field — George  Thomas  and  Fred  Reed — you  paid  them  $30  a  month 

Q.  Was  it  not  my  universal  custom  to  pay  $30  a  month  for  the  winter-time  and  spring- 
time when  they  had  to  make  fires  ?— A.  They  did  the  work  in  the  winter.  The  custom  had 
just  commenced. 

Q.  Was  not  that  the  amount  paid  during  all  my  time  there  for  years,  $30  a  month  for  the 
winter  ?— A.  Not  at  the  first  part  of  it. 

Q.  Not  the  first  winter?— A.  The  first  winter  ;  but  I  went  into  the  office  in  September, 
and  did  that  work  at  $12.50  a  month  until  Fred  Reed  and  George  Thomas  got  in  from  the 
field. 

Q.  What  time  was  that  ? — A.  That  must  have  been  in  November  or  December. 

Q.  And  do  you  say  that  that- was  all  the  period  that  you  acted  as  janitor  there  ? — A.  No, 
sir  ;  the  next  summer  after  they  had  gone  out  in  the  field.  I  did  the  work  again  at  $20  a 
month  during  the  summer. 

Q.  Was  not  $20  a  month  my  usual  custom  of  payment  for  the  summer  months  for  the 
janitor's  services  ? — A.  At  that  time. 

Q.  Was  it  not  all  the  time  up  to  the  last?— A.  No,  sir  ;  the  last  of  the  time  it  was  $30  a 
month. 

Q.  In  the  summer  ? — A.-  Yes,  sir. 

.  Q.  You  are  sure  of  that?— A.  After  you  came  back— after  you  had  relieved  Dr.  Latham, 
you  cut  Mr.^ParshalFs  salary  down  from  $1,400  to  $1,200,  and  to  help  him  out  then  you  let 
him  do  the  janitor's  work  at  $30  a  month. 

Q.  Was  that  at  your  suggestion? — A.  Very  likely. 

Q.  Do  you  not  know  it  was  ? — A.  Yes,  sir  ;  it  was. 

Q.  In  whose  name  did  you  make  the  account  out  for  the  janitor  s  work  while  Mr.  Parshall 
was  receiving  the  benefit  of  it?— A.  Walter  Brown's. 

Q.  Who  paid  Mr.  Parshall  the  money  ?— A.  I  did. 

Q.  How  did  you  get  it  ? — A.  Out  of  the  proceeds  of  the  draft  that  came  for  this  amount. 

Q.  Whom  did  the  draft  come  to  ? — A.  Walter  Brown. 

Q.  Who  made  the  arrangements  with  Mr.  Walter  Brown,  to  let  his  name  stand  for  the  use 
of  the  janitor  ? — A.  I  am  not  sure  whether  it  was  myself  or  Mr.  Blackstone  ;  I  think  Walter 
Brown's  name  was  first  used  for  Mr.  Blackstone's  benefit. 

Q,  And  you  made  the  accounts  out  at  that  time  ? — A.  All  the  time. 

Q.  Do  you  believe  that  Mr.  Blackstone  knew  him  well  enough  to  ask  him  to  do  that  ? — 
A.  Yes,  sir ;  he  boarded  with  him. 

Q.  Do  you  not  know  that  you  selected  him  for  the  use  of  Mr.  Blackstone  after  you  quit 
using  that  ? — A.  I  am  not  positive  about  that;  it  was  either  Mr.  Blackstone  or  myself. 

Q.  You  and  Mr.  Blackstone  and  Mr.  Parshall  had  done  the  services  of  the  janitor  and  re- 
ceived pay  for  them  at  different  periods  during  three  or  four  years  ? — A.  We  had. 

Q.  This  last  man  that  performed  the  service,  his  name  was  what? — A.    Day. 

Q.  When  did  his  time  commence  ? — A.  It  must  have  been  in  the  fall  of  1674  ;  I  cannot 
say  what  month. 

Q.  Was  it  not  late  in  November,  1874,  that  his  time  as  janitor  commenced  ? — A.  I  think 
it  was  ;  I  think  it  was  as  late  as  November. 

Q.   Who  was  janitor  immediately  preceding  him? — A.  Mr.  Parshall. 

Q.  When  that  account  was  made  out  at  the  end  of  the  quarter  on  the  31st  of  December, 
whose  name  was  it  made  in  ? — A.  Walter  Browrn. 

Q.  Did  Mr.  Parshall  and  Mr.  Day  get  pay  for  that  quarter  ? — A.  They  did. 

Q.  How  did  they  get  it  ? — A.  I  paid  it  to  them. 

Q.  Where  did  you  get  it? — A.  From  the  proceeds  of  that  draft. 

Q.  Did  the  draft  come  to  you  ? — A.  No,  sir  ;  to  Walter  Brown. 

Q.  And  you  obtained  the  draft  of  Walter  Brown  ? — A.  Yes,  sir. 

Q.  And  you  paid  the  proceeds  of  that  draft  to  whom  ? — A.  Mr.  Parshall  and  Mason. 

Q.  During  the  next  quarter  ending  March  31,  1875,  this  draft  that  you  have  been  speak- 
ing of  was  for  janitor  services? — A.  Yes,  sir. 

Q.  And  it  was  for  services  rendered  by  Mason  Day  ? — A.  Yes,  sir. 

Q.  That  draft  came  to  Cheyenne  in  May  ? — A.  It  did. 

Q.  In-the  name  of  Walter  Brown  ? — A.  Yes,  sir. 

Q.  Did  you  obtain  possession  of  the  draft? — A.  I  did. 

Q.  Why  did  you  not  let  it  go  to  the  office  ? — A.  Mr.  Brown  brought  it  to  me,  and  I,  at  that 
time,  had  no  connection  with  the  office.  I  did  not  consider  the  draft  a  proper  draft,  I  did 
not  consider  it  audited  for  the  proper  account,  and  I  did  not  consider  that  it  was  right  for  me 
to  pass  it  over. 


GOVERNMENT   SURVEYS    IX    WYOMING    TERRITORY.  33 

«,'.  1 >.<!  .on  not  understand  that  that  draft  was  to  pay  for  the  services  of  Mason  Day  as 

<>r  f — A.  I  did. 

(}.  Have  you  considered  •  i  coming  to  Walter  Brown  for  yourself  to  pay  for  the 

janitor  services  as  utt  righ;  sir  ;  that  is,  they  were  in  violation  of  law,  but  they 

were 

(^.  [Interrupting.]  Are  you  positive  of  that?— A.  I  do  not  know  that  I  could  quote  the 
ut  my  understanding  of  tin-  law  is  that  no  person  shall  receive  pay  for  performing 
two  different  kind-  of  service  during  the  same  period  of  time. 

i  v>.  Have  you  not  been  told  that  that  was  a  mere  matter  of  regulation  ? — A.  No,  sir ;  I  did 
not  suppose  so. 

you  not  been  told  over  ,iu<l  over  again,  by  me,  that  that  was  a  matter  of  regula- 
t n        \.   1    i    :.      i.ollect  of  yonr  ever  telling  me  so. 

<}.  Then  \\hy  did  you  not  make  your  account  out  in  your  own  nan.  .  when  you 

had  done  those  services  ?— A.  Because  I  understood  from  you  that  that  would  not  do. 
t,».  That  that  would  be  contradictory  to  the  regulation  ? — A.  Yes. 

','.  And  you  knew  all  the  time  it  was  contrary  to  the  regulations  ? —A.  I  knew  that  if  an 
account  was  made  out  in  favor  of  a  man  for  clerk's  services  for  a  certain  period  of  time,  and 
another  account  tor  the  same  period  of  time  for  janitor's  services,  one  of  them  would  i 
paid. 

Q,  You  felt  positive  of  that  ?— A.  I  did. 

C^.  And  yet  you  received  pay  for  it  .' — A.  I  receive-!  pay  for  it. 
V    For  all  the  time  you  did  it?— A.  S 

Q.  Do  you  know  why  you  and  these  oth>  1  to  do  that  work  and  re- 

the  janitor's  fees  at  that  low  rate  ? — A.  I  think  it  was  at  our  request ;  it  was  to  earn  a 
more  money. 

Q,  1:  is  all  while  you  had  low  salaries,  was  it  not — salaries  thought  too  low  for  the 
services  rendered  ' — A.  Mine  was. 

Q.  Was  it  not  so  with  Mr   Parshall  ?— A.  Yes,  sir :  with  Mr.  Parshall,  for  his  salary  was 
think  not  the  case  \\ith  Mr.  Blackstoue.     I  think  Mr.  Blackstune  got  one  salary 
all  the  time  he  was  in  the  office,  and  has  one  now. 

Q.  Mr.  Blackstone  had  just  been  to  Pittsburgh  and  married  at  the  time  he  got  it,  and  was 
put  under  great  extra  expense,  had  he  not  1 — A.  Yes,  sir. 

Q.  Are  you  positive  that  you  did  not  ask  me  to  let  Mr.  Blackstoue  have  that  pay  as  fan- 
itor  and  do  the  work  ? — A.  I  am  not  positive  that  I  did  not ;  I  should  think  very  likely 
I  did,  because  I  generally  interceded  with  you  in  all  those  matters. 

Q.  Now,  if  you  had  been  clerk  in  the  surveyor-general's  office  on  the  3d  day  of  May,  the 
I  understand  that  draft  reached  there,  do  not  you  believe  that  you  would  have  taken  it 
from  Mr.  Brown  and  paid  the  janitor  ? — A.  I  should  have  done  so,  most  certainly. 

Q.  Do  you  think  that  you  had  a  perfect  right  to  handle  that  draft,  and  send  it  to  the 

-lent,  as  you  say  you  did,  or  to  Mr.  Campbell  ? — A.  I  conceive  that  I  had. 
•  /.   Do  you  know  where  the  draft  is  now  ?— A.  I  do  not ;  never  heard  from  it  since. 

Do  you  remember  what  salary  janitors  were  generally  paid  in  other  surveyor's  of- 
— A.  I  think  about  $600  a  year,  as  a  general  thing. 
o.  That  would  be  $50  a  month  ?— A.  Yes. 

«,».  These  janitor  services  were  paid  out  of  the  incidental  appropriation  ? — A.  Yes,  sir. 
O,    Hi.w  much  of  the  incidental  appropriation  remained  uucunsumed  by  me  generally 
each  3<»th  of  .June?— A.  I  think  about  one-half. 

I  >id  not  you  understand  from  me  that  I  would  permit  these  clerks  with  low  salaries  to 
do  that  work  and  take  the  pay  for  it,  in  order  not  only  to  help  them  slightly  but  to  save  the 

I 1  men  t  from  paying  a  larger  sum  to  a  janitor  employed  wholly  for  that  purpose 
I  think  you  expressed  yourself  that  way.  perhaps,  a  number  of  times. 

u  not  know  that  there  was  the  largest  economy  used  in  the  office  in  respect  to 

>es  ?— A.  There 
Q,    1  >id  you  say  that  you  knew  where  this  draft  was  now,  that  you  have  been  speaking 

A.    I  did  not. 

',».   Have  yo.u  no  idea  where  it  is  ?— A.  Not  the  slightest  ;  except  that  I  have  an  idea  that 

at    into  the   hand*   «.f  the  Pie-i-lent.     I  a4.-  •'.  M  ,  Browi    •'••••  lay  or  the  day  before  I 

bington  <  which  was,  I  think.  In--  -  ••••«k  ago)  if  he  had  got  that 

i-ick.  or  if  that  draft  had  come  i  he   said  not  tli  .  that  he  had 

inything  of  it. 

Ii  know  whether  it  has  been  pai  A.  I  do  i,.-:  ;   I  know  that  it  has  not 

been  \ 
c,».  i  :  that  it  vrai 

-1  winter,  in  ma  •  a*  paid  more  than  h- 

!lo\\  muck  MTU  he  paid  .'—A.   He  MM  ;  ••   '  ftty  dollars  a  mouth  for  clerk-hire  during 
that    : 

t  in  the  n  ,-r  or  Decu                 «*e  that  very  arrangement 

-A.  I  diil. 

Q.   ^  not,  yet  ?- 

say  it  1  a<  not  b  has  b«tn  I                   n»se  the  payee  told  me 

3  W 


34          ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Saturday  that  he  had  not  seen  it,  and  he  promised  me  he  would  not  indorse  it  under  any 
circumstances.  I  wish  to  state,  so  that  the  committee  can  understand  the  full  situation,  in  con- 
nection with  my  making  this  arrangement  for  this  young  man,  that  this  young  man  was  a 
nephew  of  Dr.  Reed's  ;  (he  could  not  remember  his  name  a  moment  ago,  though  he  is  his 
nephew. )  He  is  a  young  man  that  Dr.  Reed  wanted  to  bring  out  there  ta  take  care  of.  I  sug- 
gested to  Dr.  Reed  how  he  could  take  care  of  him.  We  had  to  board  some  of  them  there  in  the 
office  every  winter,  and  I  devised  generally  the  expedients  as  to  how  they  should  be  pro- 
vided for,  and  as  we  did  not  have  money  enough  to  pay  him  as  much  as  the  doctor  wanted 
to  pay  him  out  of  the  clerk-hire,  and  as  the  doctor  was  also  very  saving  in  his  incidentals, 
and  letting  a  great  deal  of  it  revert,  I  suggested  this  arrangement  by  which  this  young  man 
could  get  pay  as  a  clerk,  and  also  draw  this  janitor's  pay,  which  would  make  it  eighty  dol- 
lars a  month  for  him. 

Q.  Do  you  remember  how  much  of  that  incidental  appropriation  of  $2,500  was  consumed 
at  the  end  of  the  third  quarter,  when  you  went  out  ? — A.  I  do  not. 

Q.  You  were  a  clerk  in  closing  it  up  that  quarter  ? — A.  Yes,  sir  ;  but  I  do  not  recollect 
the  amount. 

Q.  What  do  you  say  was  about  the  amount? — A.  I  could  not  state;  it  is  a  matter  of 
record. 

Q.  You  said  you  had  a  letter  from  me  accepting  your  resignation? — A.  I  did  ;  I  have  it 
here. 

Dr.  REED.  Let  me  see  it. 

The  witness  produced  a  letter,  and  states  :  "  I  will  remark  that  my  resignation  was  dated 
the  22d  of  February,  1875.  I  sent  it  to  Dr.  Reed,  and  with  it  I  sent  a  letter,  in  which  I  told 
him  that  I  had  not  said  anything  to  anybody  about  my  resigning.  He  wrote  back  on  the 
536th,  a  letter  in  which  he  acknowledged  the  receipt  of  the  resignation,  and  requested  if  I 
had  not  said  anything  about  it,  not  to  do  so  ;  so  I  never  made  it  public  at  all.  It  was  not 
known  there  that  1  had  resigned  only  to  a  few  persons  ;  a  few  of  my  friends  and  my  family 
and  the  doctor." 

Dr.  REED.  That  is  no  acceptance  of  your  resignation  by  me. 

The  WITNESS.  Well,  the  committee  can  judge  of  that. 

Q.  Do  you  know  of  your  own  knowledge  that  Fowler,  a  partner  of  Fahringer  in  a  con- 
tract, did  not  go  to  the  field  and  survey  ? — A.  Mr.  Fowler  was  in  the  field  for,  I  think,  as  much 
as  two  weeks  while  they  were  surveying  the  townships  east,  not  to  survey,  but  as  a  sort  of 
a  helper  about  the  camp.  He  then  went  back  home,  and  Mr.  Fahringer  finished  up  the  con- 
tract. 

Q.  Did  not  Fowler  come  back  a  second  time  to  my  office  ? — A.  I  think  he  was  at  the 
office  two  or  three  times. 

Q.  Do  not  you  know  that  after  they  surveyed  that  fractional  township  southeast,  they 
came  into  town  and  started  out  southwest  to  the  boundary,  ten  or  twelve  miles,  and  that 
Fahringer  and  Fowler  both  went  out  together  to  begin  that  work  there  ? — A.  They  went  out 
into  the  field  together;  I  know  that,  because  I  went  down  to  Mr.  Blackstone's  to  take  Mr. 
Dallas  down  to  Ilett's  ranch.  There  I  met  both  Mr.  Fahringer  and  Mr.  Fowler,  who  took 
young  Mr.  Dallas  back  to  their  camp.  I  know  that  Mr.  Fowler  was  along  there  with  the 
party. 

Q.  I  think  you  have  stated  that  Mr.  Fowler  did  not  go  into  the  field  to  survey  at  all  ? — 
A.  I  stated  that  he  did  not  go  into  the  field  to  survey  ;  but  I  had  stated  in  my  direct  exam- 
ination what  I  know  of  this  matter  as  being  what  Mr.  Fahringer  told  me.  I  do  not  know 
anything  else  about  it. 

Q.  When  did  Mr.  Fahringer  tell  you  that  ?— A.  When  he  came  up  to  the  office  and  turned 
in  his  notes. 

Q.  That  was  what  time  ? — A.  That  was  in  the  winter  of  1874-75. 

Q.  You  knew  nothing  about  his  being  in  the  field,  except  what  Fahringer  told  you,  did 
you ? — A.  I  do  not  know  of  any  other  means  of  information  I  had.  I  do  not  think  of  any. 

Q.  That  was  late  in  the  fall  of  1874,  was  it  not,  that  Fahringer  came  in  and  finished  his 
contfact  ? — A.  After  he  had  finished  his  work  he  came  to  the  office,  some  time  after,  and 
turned  in  his  notes. 

Q.  Late  in  the  fall  of  1874  ?— A.  It  must  have  been  in  the  winter,  I  think. 

Q-  The  winter  of  1874-75?— A.  Yes. 

Q.  That  was  the  time  he  told  you  that  Mr.  Fowler  had  not  been  with  him  a  great  deal  ? — 
A.  He  told  me  that  Mr.  Fowler  had  not  put  in  a  dollar  or  done  any  work,  and  that  he  was 
giving  him  $1,400. 

Q.  But  they  were  both  named  in  the  contract?— A,  They  were. 

Q.  Are  you  positive  he  said  he  gave  him  $1,400? — A.  Yes. 

Q.  You  feel  certain  about  that  ? — A.  Positive. 

Q.  I  believe  you  said  Fowler  was  not  a  practical  surveyor? — A.  That  is  what  I  said. 

C$.  Do  not  you  know  that  he  was  in  the  field  the  year  before  surveying  in  Colorado?— A. 

do ;  that  is,  I  so  understood. 

Q.  Why  do  you  say,  then,  he  was  not  a  practical  surveyor  ?— A.  Well,  if  going  into  the 
field  makes  a  surveyor,  he  may  have  been  .one;  but  I  understand  a  practical  surveyor  is  a 
man  that  understands  surveying. 


GOVERNMENT    SURVEYS    IN    WYOMING    TERRITORY.  35 

name  in  the  contract  for  Colorado?— A.  It  vajs. 

i  I..\v  did  you  know  that  he  did  not  survey  ?— A.  I  got  that  i  Mr.  Fah- 

-o  told  M  much  in  the  summer  of  H373,  by  the  chief  clerk  of  the  surveyor- 
••iee  in  Colorado. 

What  did  he  tell  you?— A.  He  told  me  Hint  they  had  had  some  trouble  there  about 

Lessig's  brother,  an-1  they  would  not  pass  him  for  a  contract,  an<l    Hi.-  rh>f  clerk  said  he 

bad  to  have  it— that  Curtis  (  who  WHS  the  chief  clerk  in  the  General  Land-Office)  had  a 

!--in-lnw  in  Colorado  \\  ho  was  in  poor  circumstances, and  passing  through  Wauhini:- 

•v  he  said  to  Curl  u  have  got  a  lir..th.-r-in  law  <>ut  there  in  Colorado."    "Yes." 

ciri  ^instances  are  not  very  good! "         N          Mi   •    irtis  said,  "  he  has  been  nn 

Then  this  chief  clerk  sit  id  to  Mr.  Curl  I  don't  know  but  we  could  do  some- 

for  him  in  our  office."     "  Well,"  he  said,  "  I  really  wish  you  could."   I  sai«l.       i 
••ral  Lessig's  brother,  who  is  a  good  surveyor;  he  is  going  into  the  field,  and  I  think 
v.'tir  brotlu-r-in-hiw  in  with  him,  tin  y  would  make  a  good  team  ;  "  and   he  told  me 
tlmt  in"  that  way  he  got  through  nil  right.     The  contract  went  through. 

lli.it  wa<  told  you  by  the  chief  clerk  of  the  surveyor-genera  :  Colorado  T — A. 

iiis  name  I  cannot  recollect,  but  he  has  been  chief  cleik  there  for  a  number  of  years. 
Q,    N  .;  Ashley?— A.  M.  Ashley. 

(>.   In  regard  to   Medary.  yon  stated   that  he  was  not  a  practical  surveyor  ? — A.  If  the 
committee  will  allow  me,  1  will  tirst  linish  what  1  ng  to  say  with  regard  to  this  con- 

on  with  Mr.  Curtis.      In   the  winter  of  1-70,  it  was    Dr.  Reed's  intention   to  put  his 
nephew.  Charles  Reed,  who  was  then  chief  el. -rk,  into  the  field  ;  and  he  came  on  to  Wash-' 
.an-1  when   he  got  to  Washington   he  wrote  back    that  they  told  him  in  the  1 '• 
•hat  that  would  not  do  ;  that  he  must  not  put  in  a  blood-relative,  and  that  a  contract 
under  the  Colorado  office  had  been  rejected  because  the  brother  of  the  chief  clerk   had  ap- 

!  in  it.    In  the  spring  of  1874  he  wanted  to  put  his  nephew,  Charles  Reed,  in  the  ti 
to  provide  for  him    in   some  way  or  other ;  and  he  did  not  know  how  to  doit.     I   told  Dr. 
-ation  that  I  had  had  with  Mr.  Ashley  ;  how  Mr.  Ashley  had  managed  the 
in  Colorado;  related  the  whole  drrumstance  to  Dr.  Reed,  and  I  must  have  told  him 
thatln  the  tall  of  I -?:'..     I  know  that  iu  the  spring  of  1874,  when  Dr.  Reed  came  back 

;,  lie  told  me  that  he  was  going  to  give  a  contract  to  Mr.  Fowler,  from  Colorado, 

who  was  a  brother-in-law  of  Mr.  Curtis;  and  during  the  time  that  the  contracts  were  being 

told  me  that  lie  had  a  letter  from   Mr.  Steelr,  the  Delegate  from  Wyoming,  in  which 

had    told  him  that  Mr.  Curtis  was  very  much  dissatisfied  ;   that  he  had  better  fix 

p,  or  something  of  that  kind;  that  Curtis  was  complaining.     He  immediately 

vler,  and  Mr.  Fowler  came  up. 

M     You  ree-ollert  this  very  distinctly,  do  you,  as  to  what  Mr.  Steele  wrote  to  me  T — A.  I 

:  that  yon  told  me  so ;  I  am  not  sure  whether  you  showed  me  the  letter  or  not. 
1    think  you   said  that   Mr.  Medary  was  not  a  practical  surveyor  when  I  gave  him  a 

.    t  '  —  A.    1  did.  , 

What  did  yon  jud«re  from  .' — A.  From  my  acquaintance  with  him,  and   knowledge  of 
»f  his  beinj,'  hrought  there,  and  my  general  understanding  of  ti.. 

'  >     lit      vou  ever  been  a  deputy  surveyor  ? — A.  I  never  have. 

I  >,,  y,.1i  linoir  that  he  did  not  survey  any  in  the  field  f— A.  I  do  not  know  that  h 
not  survey  any. 

1  >o  you  not  know  that  he  had  had  a  contract  prior  to  my  giving  him  one,  and  that  he 
had  had  a'omrraet  under  Latham,  and  had  surveyed  it  prior  to    my  -i\  in-:  him  one  1 
am  not  sure  whether  he  had  it  surveyed.     He  had   ouo  of  Latham,  and  I  think  he  was  at 

t  that  contract  when  you  came  I 
6,  What  time  did  I  come  back  .'—A.  To  the  best  of  my  recollection  it  was  iu  August, 

Mrdary  had  surveyed  one  before  I  gave  him  a  contract  ?— A.  He  was  sur- 
:    he  had   had  one. 

pass-man,  Gary,  ever  surveyed  any  contrite:        A.    He  had  not. 
be  a  pru-t  or  '  —  A.    1  think  not. 

Q,    Al  •:  yel  y>u  think  he  is  "the  one  that  did   the  surveying  insten.  .  who  had 

ntra.-'t  .'—A.   1   know  that  as  well  as  I  can  know  anything  that   I  did  not  see  on  the 
ind. 

Q.  Did    not  Mr.  Medary  write  all  the  notes;    did  they  not  all  come  to  the  office  in  his 
'—A.   In  his  n  he  swore  to  them  all. 

In  h'.s  hand         A.    No,  sir. 

:he  most  of  themT — A.   No,  sir. 

ID-     Mr.  M.  •  !  i:  ft— A.    II- 

M  Imlarly  sort  of  m.m  T— A.  No.  Mr :  I  do  :  '•;«  is  a  very 

irly  man. 

Q.  A  man  '—A.   He  is  a  man  of  good  address. 

M.    I  '      A.    I  do  not  know  what  yon  mean  l.y 

Dg  you  were  employed  at  clerk  in  the  surveyor-general's  office  at 


36          ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Wyoming.— A.  From  September,  1670—1  think  the  latter  part  of  September— until  the  30th 
of  April,  1875. 

Q.  You  were  appointed  a  clerk  in  the  office  by  me  ? — A.  I  was,  in  1870. 

Q.  Did  you  know  anything-  about  the  duties  of  the  office  ? — A.  No,  sir ;  I  never  had  seen 
a  surveyor-general's  office. 

Q.  What  was  your  salary  first  ? — A.  Twelve  hundred  dollars  a  year. 

Q.  When  was  it  raised  from  $1,200  ? 

(The  chairman  here  suggested  that  questions  as  to  the  witness'  salary  were  in  no  way  rele- 
vant; that  facts  had  been  stated  with  respect  to  the  participation  of  various  parties  in  con- 
tracts under  Dr.  Reed,  which  parties  had  performed  no  services,  and  that  if  Dr.  Reed  wished 
to  cross-examine  the  witness  as  to  that  branch  of  the  investigation  it  would  be  pertinent.) 

Q.  You  have  stated  that  you  were  a  clerk  for  a  whisky  man  before  I  appointed  youf — 
A.  Yes ;  and  I  will  state  farther  that  I  had  been  at  work  for  that  whisky-man  for  about 
six  weeks  prior  to  that  time. 

Q.  Is  the  chief  clerk  considered  the  confidential  and  trusted  clerk  of  the  survey.or-general's 
office? — A.  He  is  the  chief  clerk,  certainly;  he  has  bis  duties  the  same  as  the  surveyor- 
general. 

Q.  Is  he  not  generally  considered  the  trusted  and  confidential  man  in  the  office  of  the 
surveyor-general  ? — A.  I  suppose  he  is. 

Q.  Were  you  not  intrusted  with  the  office  and  keys  of  the  desks  in  my  office  during  ray 
entire  absence  in  Washington  in  the  winter  of  l874-'7o  ? — A.  Yes,  sir. 

Q.  How  did  you  get  possession  of  the  letter  of  John  Delano  that  you  have  exhibited  here, 
addressed  to  me? — A.  That  letter  was  placed  in  my  hands  by  you,  it  must  have  been  on  the 
10th  of  June,  according  to  my  memory. 

Q.  Do  you  state  that  I  placed  that  letter  in  your  hands  at  that  time  to  keep  ? — A.  You 
placed  it  in  my  hands  to  send  that  telegram,  to  the  best  of  my  recollection. 

Q.  Do  you  think  it  was  placed  iu  your  hands  to  retain  ? — A.  Well,  I  suppose  it  was  a 
matter  of  public  record. 

Q.  Did  you  understand  that  the  deputies  who  took  the  work  that  I  had  allowed  to  Mr. 
Delano  were  dissatisfied  in  working  it  upon  shares  ? — A.  I  never  heard  but  one  of  them  ex- 
press any  dissatisfaction  ;  that  was  Mr.  Hay.  I  believe  one  of  his  townships  he  did  not 
survey  at  all,  and  for  that  reason. 

Q.  Did  he  express  any  dissatisfaction  to  you  about  it  1 — A.  He  made  the  complaint  either 
to  me  or  in  my  hearing — what  I  have  said. 

Q.  Do  you  feel  positive  about  that  ? — A.  Yes,  sir.  I  recollect,that  one  of  the  townships 
that  he  was  to  survey  he  did  not  survey. 

Q.  Was  that  not  because  it  was  getting  too  late  in  the  season  ? — A.  No,  sir. 

Q.  What  was  the  reason — because  it  was  too  rough  ? — A.  No,  sir.  He  did  not  want  to  give 
Mr.  Delano  any  of  it.  He  did  not  feel  like  giving  him  the  amount  that  he  would  have  to 
give  him,  because  it  was  too  rough  a  township. 

Q.  You  are  positive  about  that  ? — A.  Well,  I  am  not  stating  exact  conversations.  I  am 
positive  that  there  was  something  of  that  kind  passed  in  my  hearing  or  to  me.  That  was  the 
general  understanding. 

Q.  I  think  you  said  Hammond  had  but  one  contract  ? — A.  It  was  in  two  contracts  of 
different  dates. 

The  CHAIRMAN.  And  different  numbers  ? 

The  WITNESS.  Yes. 

By  Dr.  REED  : 

"Q.  This  contract  amounted  to  what  ? — A.  Four  thousand  one  hundred  dollars  was  the 
liability. 

Q.  After  he  finished  that  work,  had  he  not  then  another  contract  that  sea  son  of  $2,400? — 
A.  Yes,  sir. 

Q.  What  did  you  understand  about  that  ?—  A.  Nothing  particularly. 

Q.  Do  not  you  know  that  he  surveyed  that  entirely  in  his  own  interest,  and  received  all 
the  profits  from  it  ? — A.  Yes,  sir;  he  did.  I  will  state  to  the  committee  that  Mr.  Hammond 
had  been  working  there  for  a  number  of  years,  dividing  his  profits  with  Charles  J.  Reed,  the 
chief  clerk — Dr.  Reed's  nephew — and  he  was  a  man  that  had  to  be  propitiated. 

By  the  CHAIRMAN  : 

'Q.  And  that  is  the  reason  why  he  was  given  the  two  contracts  ? — A.  Dr.  Reed  did  not 
like  him  at  all — had  no  use  for  him — but  he  had  to  give  him  something  to  do. 

By  Dr.  REED  : 

Q.  How  do  you  know  he  divided  with  Charles  Reed  ? — A.  From  what  he  told  me  and 
from  what  Charles  told  me,  and  from  money  that  had  passed  through  my  hands. 

Q.  Had  that  come  to  my  knowledge,  do  you  know  ? — A.  ^Well,  they  both  told  me  that  you 
knew  it. 

Q.  Did  I  express  any  such  knowledge  to  you  ? — A.  Not  to  me.  I  know  you  were  not 
generally  in  the  habit  of  picking  up  strangers,  unless  they  were  of  some  use  to  you. 

Q.  Are  not  my  standing  deputies  there  good  deputies  ? — A.  Yes,  sir  ;  as  dep  itie    go. 


G0\  3    IN    WY<>M;  37 

Q.  Do  not  you  believe  them  capab  -  .•«  as  Rogers,  and  Thoina-  .and 

Reed— an-  they  not  capable  deputies  '  —  A.    Yes,  sir.      S:u-h  men  as  Hay  and  Thomas,  (that 

Thomas,)  and,  I  suppose.  you  would  count  Clnirles  Roed  com). 

I  'id  you  not  tell  me  in  tin-  fall  ot   1-74,  before  I  left  there,  when  he  brought  in  his  last 
work  on  the   iii."iiiM:n  — tli-  "itract  — that  it  was  the  best  .lone  up  ot'  anything  you 

!  tliat  the  :  were  in  the  best  shape  of  any  that   had  been 

brought  in. 
<.,'.   1 1.'-,  about  the  din<:rams  of  tin-  survey? — A.  Possibly  the  diagrams. 

ta  positively  that  you  have  not  the  letter  of  Secretary  Delano  to  mo  in  O<  - 
1874,  in  your  possession  ?— A.  I  have  not;  I  never  saw  it  after  you  showed  it  t 
V  had  it  in  your  possession? — A.   I  never  have. 

V     Y-M  stated  that  you  forwarded  those  papers  that  are  now  in  question  here  to  Mr 
tow?— A.    1  :  ;•  ii  prl  il  l  iteted. 

','.   Did  you  forward  them  by  mail  ? — A.  I  did. 

e  you  sure  you  did  not*  send  them  down  by  -A.  I  am. 

Q.  Who  suggested  to  you  to  forward  those  papers  to  Mr.  Bristow  '—A.  I  did  that  only  on 

•:  responsibility. 

V  What  inducements,  if  any,  were  offered  to  you  to  take  those  papers  and  forward  them 
to  Washington  '—A.  None  whatever. 

Q.  From  no  quarter? — A.  From  no  quarter.  I  will  state  that  nobody  knew  that  they 
were  forwarded  until  after  they  had  been  forwarded,  except  Mr.  Corlett,  my  partner — an  at- 

v  whom  I  i-onsulted.     Mr.  Corlett  is  a  lawyer,  and  I  consulted  him. 

Q.  And  no  oue  pron  r.iy thing  or  offered  you  any  inducement  for  it  ? — A.  Nothing 

<.•:'  the  sort. 

Did  nnt  John  A.  Campbell,  ex-<;overnor  of  Wyoming,  offer  you  any  inducement  or 
make  any  promise  to  that  end  ' — A.  Not  in  the  1« 

M.  C.iry.  ex-judge  of  Wyoming  .'—A. 

(J.  Did  not  \V.  \V.  Corlett,  an  ex-postmaster  of  Cheyenne,   offer  you  any  inducement 
the  least.     I  will  state  that  Mr.  Corlett  even  advised  against  my  sending 
them. 

ink  Wolcott.  Ex-United  States  marshal,  offer  you  any  other  inducement  .'  — 
sir:   not  in  the 

i ..  P.  Johnston,  Ex-United  States  district  attorney,  offer  you  any  ?— A.  No  person 
at  all. 

cbtt  did  not  conduct  any  negotiations  with  you  about  this  ? — A 
sir. 

Did  he  not  promise  you  in  behalf  of  Governor  Campbell  and  these  other  gent 
that  they  would  make  it  to  your  advantage  to  furnish  them  with  those  papers  f— A.  No,  sir  ; 
ng  of  the  sort. 

1  >id  not  tln-s»-  gentlemen  whom  I  have  named.  Campbell,  Gary,  Corlett.  Johns'on.  and 
»tt  tell  you  that  they  would  fulfill  any  agreement  that  said  Wolcott  made  with  you  tor 
the  purpose  of  obtaining  said  papers  .' — A.  No,  sir ;  they  said  nothing  to  me  about  it — had 
nothing  to  do  with  it  in  any  way,  shape,  or  fashion. 

Q.  Were  you  not  promised,  if  the  removal  from  office  of  Dr.  Reed  and  Secretary  Dfelano 
could  be  effected,  said  Wolcott,  Campbell,  Gary,  Corlett.  and  Johnston  would  reromm.-n  1 
and  support  you  for  appointment  as  surveyor-general  of  Wyoming  Territory  ? — A.  Nothing 
of  the  kind  was  ever  mentioned  in  any  way,  shape,  or  fashion. 

Q.  I  think  you  said  these  papers  came  back  to  you  from  Bristow  last  summer  t — A.  Last 
July. 

<.}.  Did  Mr.  I'.rUtow  himself  send  them  back  to  you  ?— A.   V-  I, 

met  and  consulted  Govern  nee  you  arrived   in  Y\ 

about  this  matter  ' — A.   1  have  not  seen  him  :   no,  sir. 

•  nsultation  with  him  '  —  A.   N.I  consultation  with  anybody  • 

-.•iy  you  have  not  seen  him  up  to  this  time  -  urn*  .'—A.  I  have  not  seen 

him.  sir.  nor  communicated  with  him  in  any  way.  sh  :  "ii. 

ampbt-11,  or  any  of  thos,.  oth.-r "ex-otVi.-.-rs  \\hom    I    1;  |  sed  you  of 

•  cessity  ot  so  testifying  as  not   to  inculpai--  any  way  f — A.   No,  sir :  nobody 

has  said  anything  to  me  nl< 

','.  What  did  you  state  the  date  «>t  the  te  •  I    s«-nt  <>ut  relieving 

—A.   I   think  it  was  dated   th-  ii!.     It  was  received  there  on  ti.e'i'.uth.      1 

am  not  sure  as  to  the  date,  but  I  kn<       i  ere. 

(.,».  Who  approved  your  salary-arci-unt  i.  me  of  your 

leaving  on  th.-  :5<'th  ol  J751      \     I 

Was  I  th.-re  '-A      ' 

After  you  approved  your  own  a<.  uer  of 

•ransmittiitjryou  md  make  me  sUte  that  your 

-  had  term  nated  by  ri-si-rna1':"!!.  and  -.vliiU-  I  was  yet  in  Washington  T — A.    ! 


38  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

WASHINGTON,  D.  C.,  April  25,  1876. 
JOHN  S.  DELANO  sworn  and  examined. 

By  the  CHAIRMAN  : 

Question.  You  are  a  son  of  Columbus  Delano,  late  Secretary  of  the  Interior  ? — Answer. 
Yes,  sir. 

Q.  Did  you  occupy  any  position  in  the  Interior  Department  during  the  time  that  your 
father  was  Secretary? — A.  I  occupied  the  position  of  chief  clerk  until  the  winter  of  1872-73 ; 
I  think  January,  1873. 

Q.  Was  it  1873  or  1874?— A.  1873.  In,  I  think  it  was  January,  1873,  I  was  taken 
sick,  and  discontinued  my  duties  until  the  following  summer — I  should  think  in  August, 
when,  finding  that  I  could  not  regain  my  health,  I  resigned. 

Q.  Was  that  August,  1873? — A.  1873.  unless  I  am  very  much  mistaken.  I  do  not  think 
I  can  be.  The  record.s  of  the  Department  will  show  if  I  am  mistaken. 

Q.  Where  did  you  go  after  you  resigned  ? — A.  I  spent  about  a  year  in  Minnesota,  begin- 
ning with  the  summer  of  1873.  I  spent  the  summer  and  winter  there,  leaving  there  in  the 
spring. 

Q.  You  spent  the  balance  of  the  summer  and  the  following  winter  there  ? — A.  Yes,  sir ; 
leaving  there  in  the  spring  of  1874. 

Q.  Did  you  return  to  Washington  in  the  spring  of  1874  ? — A.  Yes,  sir 

Q.  How  long  did  you  remain  in  Washington? — A.  It  is  a  great  while  ago  to  be  accurate 
about  dates,  but  I  should  think  I  remained  here  until  June.  I  was  detained  here  in  Wash- 
ington by  the  sickness  of  my  wife. 

Q.  And  where  did  you  go  then  ? — A.  Then  I  started  West,  after  locating  my  wife  for  the 
summer. 

Q.  You  started,  then,  in  June,  1874,  did  you,  for  the  West?— A.  I  should  think  it  was 
June,  1874,  my  purpose  being  to  go  to  Wyoming. 

Q.  Did  you  go  to  New  York  before  you  went  West  ? — A.  Yes,  sir ;  I  went  to  the  White 
Mountains  with  my  wife  before  going  West. 

Q.  How  long  did  you  remain  in  New  York  ? — A.  I  think  it  was  a  very  few  days. 

Q.  From  there  you  wTeut  to  the  White  Mountains  ? — A.  I  took  her  to  the  White  Mount- 
ains ;  from  there  I  went  West. 

Q.  What  point  West  did  you  go  to? — A.  I  was  detained  in  Chicago  unexpectedly,  and 
from  there  I  was  obliged  to  go  to  Lake  Superior  to  look  out  afteii  some  interests  there  that 
were  giving  me  some  trouble;  from  there  I  went  to  Saint  Paul,  and  from  there  to  Wyo- 
ming, according  to  my  recollection  at  this  late  day. 

Q.  How  long  did  you  remain  in  Wyoming? — A.  I  was  in  and  around  that  Territory  for 
the  better  part  of  the  summer  and  early  fall ;  Wyoming,  Utah,  and  Colorado. 

Q.  How  long  did  you  remain  in  the  Territory  of  Wyoming? — A.  I  was  there  several 
times. 

Q.  On  that  trip,  I  mean? — A.  Well,  on  that  trip,  backward  and  forward — I  could 
scarcely  give  you  an  idea  now— a  very  accurate  one. 

Q.  Did  you  meet  the  surveyor-general  of  Wyoming  Territory  in  Wyoming?— A.  Yes,  sir. 

Q.  At  what  point?— A.  I  was  with  him  a  great  deal  of  the  time  there, 

Q.  At  what  point  did  you  meet  Dr.  Reed  ? — A.  I  think  I  met  him  at  Cheyenne,  or  at 
some  point  east  of  Cheyenne,  in  Wyoming. 

Q.  Did  you  not  meet  Dr.  Reed  at  Saint  Paul?— A  I  think  I  never  met  Dr.  Reed  at  Saint 
Paul. 

Q.  Did  you  not  telegraph  him  to  meet  you  at  Saint  Paul  or  some  other  place  ? — A.  It  is 
possible,  but  I  have  no  recollection  of  it  now.  I  know  that  I  had  been  detained. 

Q.  Are  you  certain  that  you  met  him  at  Cheyenne  on  that  trip  ? — A.  I  am  not  certain 
that  I  met  him  at  Cheyenne  ;  I  think  it  more  than  likely  I  met  him  this  side  of  Cheyenne. 

Q.  Did  you  go  with  him  to  Cheyenne  ?— A.  Yes,  sir. 

Q.  How  long  did  you  remain  there? — A.  Do  you  mean  on  my  first  going  out  ? 

Q.  I  mean  on  that  trip,  when  you  left  the  White  Mountains  and  went  out  West  in  June, 
1874, 1  think  you  say  it  was,  or  about  that  time? — A.  Well,  I  think  I  staid  a  day  at  Chey- 
enne on  that  occasion. 

•  Q.  One  day  ? — A.  I  think  so.     It  is  a  good  while'ago  to  recollect  dates  with  any  degree  of 
accuracy. 

Q.  Did  you  have  any  interest  in  any  surveying  contracts  in  that  Territory  at  that  time  ?— 
A.  Yes,  sir. 

Q.  In  how  many  contracts  ? — A.  I  would  not  be  able  to  state  positively  now — two  or 
three  small  ones. 

Q.  Two  or  three  small  ones  ? — A.  That  is  the  best  of  my  recollection — possibly  more. 

Q.  What  was  that  interest  you  had? — A.  I  believe  it  was  a  half  interest. 

Q.  Did  you  obtain  those  interests  before  you  went  into  the  Territory  ? — A.  Yes,  sir. 

Q.  In  what  way  did  you  get  them? — A.  By  invitation  and  solicitation  of  Dr.  Reed. 

Q.  When  did  Dr.  Reed  suggest  to  you  to  take  an  interest  in  surveying  contracts  ?— 
A.  Some  six  or  eight  mouths  before  I  did — possibly  longer. 

Q.  Did  he  make  the  suggestion  in  writing  to  you  by  letter,  or  did  you  meet  him  ? — A.  He 


GOVKKNMKM     SURVEYS    IN    WYOMING    TERRIT«  > 

made  the  suggestion  to  me  in  writing,  I  bein^  at  that  time  in  Saint  raul.  and  the  doctor  be- 
;n_r  \. TV  an.\ioit>  to  h-i\i-   i!  insisting  that   it  would  restore  my  health 

more  eeriainly  and  more  rapidly,  and  he  suggested  this  surveying  contract  as  au  occupa- 

more  than  as  a  matter  of  profit. 
«,'.   Are  you  a  practical  surveyor  t — \..  No,  sir. 
M.   V.i u"ii. -v»-r  l.-arn.-'l  the  art  of  surveying  ?— A..  No,  sir. 

I  >id  you  ever  give  a  bond  as  surveyor  ?— -A.  I  have  forgotten  whether  I  gave  a  bond 
or  nut. 

V  Did  you  ever  sign  a  contract?— A.  No,  sir;  I  think  I  neither  signed  a  contract  nor 
gave  a  bond. 

Q.  Did  you  take  the  oath  required  by  law  ?  — A.  If  I  did  not  sign  the  contract  I  did  not 
take  tin-  oath. 

liien  you  neither  took   the  oath.  he  contract,  or  gave  a  bond  ' — A.  I  should 

not  no  po>itiveiy  that  I  did  uot  or  that  I  did.    I   1  -if  matter  to  Dr. 

to  arrange  when  I  found  it  to  be  impossible  to  be  there  at  the  time  required. 
With    whom  were  you  interested  in    contracts   in   this   Territory  of  Wyoming? — 
\.  \Vitli  parties  who  did  the  work,  ami  with  Colonel  Merriam,  of  Saint  Paul. 

Q.  Can  vou  name  the  parties  or  any  of  them  f — A.  Mr.  Hammond  was  one  of  them  I  be- 
lieve; M  .  II  iji  irai  one,  and  I  think  that  was  all. 

Wm  there  any  others  besides  Mr.  Hammond  ami  Mr.  Hays    —A.  As  I  said  before  I 
•do  not  recollect  now  the  number  of  contracts  that  I  was  interested  in. 

Q.  Dr.  Reed  made  the  arrangement  with  these  gentlemen  for  you  ? — A.  When  it  was  as- 

M.-d  that  it  W;IN  impossible  tor  me  to  g,-t  then-  in  time  he  made  the  arrangement  with 

.rties,  and  my  recollection  is  that  he  drew  upon  me,  or  that  he  wrote  me  indicating  the 

amount  ot  monej  necessary  to   put  into  the  outfit,  and  I  sent  him  a  check.     It  was  either 

done  by  his  draft  upon  me  or  my  check  to  him,  in  order  that  the  work  might  go  on  before  it 

got  too  lair. 

','.  Did  that  check  or  draft  contain  the  amount  necessary  for  the  outfit  for  each  one  of 
vors  with  whom  you  were  interested,  or  did  you  send  out  checks  and  drafts  f— 
A.  My  recollection  is  that  they  were  different  checks.    I  know  Dr.  Reed  wrote  me  that  the 
work  of  one  contract  must  go  on  at  once. 

«,-.  To  whom  wen  these  check*  and  drafts  made  payable  ?— A.  To  Dr.  Reed,  according 
to  my  recollection. 

And  upon  what  bank  were  they  drawn  ?— A.  I  could  not  tell.    I  kept  two  or  three 
hank-accounts. 

<(>.  Where  did  you  keep  your  bank-accounts  at  that  time  f— A.  I  think  they  were  drawn 
upon  bank-account  at  Mount  Vernon,  Ohio,  but  that  is  a  matter  of  memory. 

V-  Did  you  keep  au  account  with  Mr.  Meniam  at  Saint  Paul  at  that  time?— A.  N« 
I  had  m>  account  with  him. 

I  lad  you  au  account  with  any  banks  in  the  city  of  Washington  ?— A.  Not  at  that  time, 
I  think. 

Q.  What  other  banks  were  there  in  which  you  kept  accounts  at  that  time? — A.  If  it  was 
not  on  the  Mount  Vernon,  it  must  have  been  on  Leuard,  Suttan  &  Co.,  of  New  York.  I 
may  have  sent  that  to  him  in  a  draft. 

Your  recollection  is  that  there  was  a  separate  check  or  draft  drawn  for  the  outfit  of 

each  one  of  the  deputy  surveyors  with  whom  you  were  interested  in  contracts  ?— A.  I  can- 

,y  that  it  was  for  each  one.    I  know  positively  that  the  first  surveying  party  that  went 

out  I  sent  a  draft  or  check,  or  paid  a  draft  of  Dr.  Reed  for  an  amount  sun  ay  for 

the  outfit  of  the  partv. 

I  hat  party  was  Dr.  Hammond's  ?— A.  That  I  do  not  recollect.    I  have  a  poor  memory 
tor  names. 

<>>.   Did  you  ever  meet  Mr.  Hammond  ?— A.  I  think  so. 

i  ti  when  ?— A.  I  think  I  met  Mr.  Hammond  on  the  cars  when  I  first  went  West  with  Dr. 
Reed. 

< ,'     I  '••    -re  or  after  you  had  the  interest  in  th*  contract  t— A.  Afterward. 
','.  You  never  saw  him  before?— A.  Never  saw  him  before. 

Q.  Then  there  was  no  contract  butwi-m  you  an  1  Mr.  Hammond  ?— A.  All  of  those  details 
were  arranged  by  Dr.  Reed. 

I  he  oontrad  was  made  by  Dr.  Reed  with  Mr.  Hammond  T— A.  Yes,  sir ;  allowing  that 

tiiat  is  liis   name. 

Q.  And  In-  \\.is  required  to  pive  tl:e  bond,  sign  the  contr;i  .o  the  oath 

woikY— A.  I  should  not  want  to  make  affidavit  now,  sir,  ai  ••  taken  the 

oath. 
Q.  You  have  already  stated  that  you  neither  took  the  oath,  gave  a  bond,  nor  signed  a 

-A.    I  have  stati-d  that  I  thought  I  .lid  not.      My  WOO  • 

<,'     You  were  not  out  there  when  this  contract  was  commenced  f — A.  No,  sir. 

uld  not  have  given  a  bond  or  taken  oath  f— A.  No,  unless  it  was  sent  to 

I   think   Uwasnol       My;  'it  it  was  n.-:.     I   WOUM    i  state 

.  Iv.     I  would  like  t"  say  that  at  the  time  I  had  contemplated  going  out  West,  I  was 

nuch  annoved  and  distressed  with  the  sickness  of  my  family  and  ray  inability  to  go 


40  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

there,  and  under  those  circumstances  Dr.  Reed  transacted  all  that  business  for  me,  aud  the 
details  of  it  he  can  give  you  exactly,  where  I  might  make  mistakes. 

Q.  Was  it  your  intention,  in  the  event  that  you  could  go  out  West,  to  have  given  a  bond, 
signed  a  contract,  or  taken  an  oath  as  a  surveyor? — A.  My  intention  was  to  go  into  the 
field  ;  my  agreement  was  that,  as  one  of  the  parties. 

Q.  In  a  contract  ? — A.  Ln  a  contract,  yes,  sir ;  to  furnish  the  money,  to  do  the  work,  give 
the  bond,  take  my  gun  and  fishing-tackle,  and,  at  least,  get  my  health  back. 

Q.  You  were  aware  of  the  fact  that  the  surveyor-general  could  not  lawfully  give  a  contract 
to  any  person  who  was  not  a  skillful  surveyor  ? — A.  Not  exactly  in  the  sense  you  would 
apply  to  it  here  ;  one  of  the  parties  in  the  field  must  be  a  practical  surveyor. 

Q.  The  deputy  must  be  a  practical  surveyor  by  law  ? — A.  Yes  ;  but  suppose  there  were 
two  deputies. 

Q.  If  there  were  two  or  a  dozen  deputies,  th6y  would  all  have  to  be  practical  surveyors, 
would  they  not ? — A.  I  do  not  understand  the  law  in  that  way.  It  is  not  so  interpreted  by 
the  Department.  It  is  a  very  common  thing  that  one  of  the  parties  in  the  contract  is  the 
party  to  furnish  the  money,  and  the  other  the  practical  surveyor. 

Q.  Is  it  a  common  thing  for  a  person  not  a  practical  surveyor  to  obtain  a  contract  in  his 
own  name  ? — A.  I  might  say  that  it  was  a  very  common  thing.  I  should  think  so  ;  I  so 
understood  it. 

Q.  Then  I  understood  you  to  say  that  the  only  reason  you  had  for  not  signing  the  contract, 
taking  the  oath,  and  giving  the  bond,  was  because  you  could  not  get  out  there  in  time  to  do 
it?— A.  Yes,  sir  ;  it  was  my  purpose  to  spend  the  whole  of  that  summer  in  the  surveying 
camp. 

Q.  To  take  contracts  in  your  own  name  ? — A.  In  my  name  with  a  partner  who  should  be 
a  practical  surveyor. 

Q.  Did  you  write  a  letter  from  the  Interior  Department  to  Dr.  Reed,  in  which  you  stated 
that  he  should  not  put  your  name  in  any  contract,  but  should  put  that  of  General  Merriam 
in  ? — A.  I  did  ;  that  letter  has  been  published  in  nearly  every  newspaper  in  the  country.    I 
have  seen  the  original  two  or  three  times  since  it  has  been  floated. 
Q.  (Showing  the  letter.)  Is  that  the  letter  ? — A.  Yes,  sir. 

Q.  Then  if  it  was  your  intention  to  sign  a  contract  yourself,  take  the  oath,  and  give  a 
bond,  why  was  it  you  wrote  to  Dr.  Reed  telling  him  to  put  in  the  name  of  General  Merriam 
to  stand  for  you? — A.  At  that  time  you  will  observe,  sir,  that  I  found  myself  unable  to  go 
out.  My  expectation  was  that  Mr.  Merriam  would  be  out  there  long  before  me,  and  he  was. 
Q.  The  only  reason  you  had  lor  asking  Dr.  Reed  to  put  Merriam's  name  in  the  contract 
was  that  you  thought  he  would  be  on  the  ground  ? — A.  I  did  not  say  that  was  the  only 
reason. 

Q.  What  were  the  other  reasons  ?— A.  Well,  Mr.  Chairman,  when  it  was  found  impossible 
for  me  to  get  out  there,  the  contract  could  not  have  been  taken  in  rny  name  because  I  could 
not  go  into  the  field  at  that  time. 

Q.  Is  that  the  reason,  then,  why  you  wanted  Merriam's  name  in — because  you  could  not 
go  in  the  field  ? — A.  I  say  that  is  one  reison  ;  I  am  a  little  modest  about  the  use  of  my  own 
name. 

Q.  What  is  the  other  reason  ? — A.  You  might  ascribe  it  to  modesty,  perhaps  ;  I  think 
ih  it  is  allowable. 

Q.  What  time  was  that  contract  let  to  Mr.  Hammond ;  was  it  before  or  after  the  date  of 
your  letter? — A.  I  would  not  like  to  be  positive  on  that  point,  for  I  was  a  regular  corre- 
spondent with  Dr.  Reed,  writing  him  every  few  days. 

Q.  And  was  not  the  contract  made  out  simply  in  the  name  of  Mr.  Hammond  and  Mr. 
Merriam's  name  not  put  in  it  at  all  I — A.  I  think  it  was,  because  Mr.  Merriam  did  not  go 
there  in  time,  as  I  recollect  now.  Neither  Mr.  Merriam  nor  myself  were  there  in  time  to  go 
into  the  field. 

Q.  Mr. Merriam  did  not  go  there  at  al',  did  he  ? — A.  O,  yes,  sir;  he  was  in  that  country 
all  the  summer. 

Q.  Did  he  go  to  Cheyenne  ?— A.  Yes,  sir. 
Q.  Before  the  contracts  were  let?— A.  I  think  after,  sir. 
Q.  Did  he  have-  a  contract  of  his  own  ? — A.  Not  that  I  know  of. 
Q.  He  resided  in  Saint  Paul,  did  he  not  ? — A.  Yes,  sir. 

Q.  He  was  a  banker?— A.  He  has  no  fixed  business.     He  was  out  of  business,  and,  like 
myself,  in  very  poor  health  at  the  time.    My  object  in  associating  Colonel  Merriam  with  me 
was  simply  for  company  ;  that  we  might  go  out  together  and  rough  it  out  on  the  plains. 
Q.  He  was  not  a  surveyor,  was  he? — A.  No,  sir. 

<^.  In  what  way  did  you  get  your  share  of  the  profits  of  that  contract  ?  1  mean  who  paid 
that  share  to  you  ? — A.  I  do  not  recollect  how  it  was  done  now>  sir. 

Q.  Do  you  know  whether  Mr.  Hammond  gave  two  notes,  one  of  $1,000  and  one  of  $400, 
payable  to  Mr.  Merriam,  or  not? — A.  As  I  said,  Dr.  Reed  arranged  all  the  details  of  those 
contracts— both  the  outfitting  and  settling  of  the  contracts.  On  those  questions  I  would 
not  like  to  give  very  positive  answers. 

Q.  Can  you  tell  in  what  way  you  obtained  your  share  of  the  profits  of  the  contract? — 
A.  It  was  by  check  or  draft  from  Dr.  Reed,  I  think.  I  know  that  there  was  no  effort  made 


GOY  UITORY.  11 

,  any  way.     It  was  not  then  regarded  as  a  dishouyr- 
.•'iihu'ul  transaction. 

II  no  i-!t'  >rt  made  to  conceal  the  transaction  why  was  it  that  the  two  note* 
for  your  share  of  tin-  contract  were  mad.-  payable  toG» 

A.  1  -:;;'-•••  L'i-ows  out  of  that  suggestion  of  miue  to  in  -ike  M- ni mi  the  active  pur 
that  coiitia'-t—  cut  ».f  my  mes-.i. 

!  li.-it-  was  no  necessity  t'..r  y  >ur  being  on  the  gn»un<l  to  get  the  notes,  was  there? 
"iild  take  the  notes  iu  your  name  without  your  being  present? — A.    "i 

::e  SO. 

•    not  made  payable  to  General  Merriam  because  you  were  not 
mi  tin-  ground  '—A.   Probably  uot. 

Why  were  they  made  payable  to  him  ;  to  conceal  the  transaction?     Is  not  that  the 
-A.    I'.y  n. •  n.rans. 

lt>.  Why.  then  ? — A.  I  say  probably  on  account  of  my  suggestion,  in  my  letter  to  Dr. 
Reed,  that  the  contract  should  be  given  to  him.     Probably  he  made  the  notes  payable  to 

n  thut  uccount. 

lt».  Hut  you  hi  i:is  name  was  not  put  in  the  contract  ?— A.  Yes,  sir;  because  it 

':  not  be. 
\n«l  that  your  name  was  not  put  in  because  you  were  not  on  the  ground? — A.  Yea, 

An<l  hi.s  name  was  not  put  in,  and  no  one's  name  put  in  but  Mr.  Hammond's? — A. 
A.    Yrs.  sir.  localise  neither  Colonel  Merriam  nor  I  were  there. 

(.,'.  N.--A  .  Mr.  Hammond  gave  two  notes,  which  covered  your  share  of  the  profits  of  his  con- 
tract :  those  notes  were  made  payable  to  John  L.  Merriam.     Thut  was  not  because  John  L. 
am  was  present  aud  you  win-  absent? — A.  No.  sir. 

I  In  11  why  was  it  done  I—A.  If  my  answer  to  that  question  before  is  not  sufficient,  you 
will  have  :•  Heed.     I  can  give  you  no  better  reason  than  I  have.     It  is  really  a 

"ii  tlmt  I  have  no  right  to  answer.     I  wrote  to  him  suggesting  to  him  to  put  the  con- 
tract in  Colonel  Merri?im's  name.     Colonel  Merriam  was  not  there;  he  could  not  do  it  : 
I  suppose  he  took  the  notes  in  his  name  on  that  account. 

lt>.    \Y.i>  there  an  understanding  between  you  aud  Dr.  Reed  that  your  name  shon' 
a  In  the  papers? — A.  None  except  what  you  have  there.     As  I  recollect,  that  was  the 

•  •ntioii  mude  on  that  subject  except  when  Dr.  Reed  met  me,  I  think  in  Wushii:. 
and  repeat.-d  his  invitation  to  come  out  there.     He  then  told  me  that  he  had  talked  with  the 
Commissioner  of  the  General  Land-Office  about  my  going,  and  about  taking  a  contract  in 
my  name,  and  on  account  of  my  modesty  I  objected  to  having  it  done  in  that  way.    There 

desire  or  design  to  do  anything  improper  or  wrong. 

Is  tin's  [showing  Exhibit  A]  the  draft  that  you  received  for  the  proceeds  of  the  profits 
Hammond  contract  ? — A.  Yes,  sir;  that  is  my  signature. 
V-  'That  draft  was  paid  to  you?— A.  Yes,  sir;   that  was  paid  to  m,-. 

Is  that  all  the  money  you  received  tfrom  that  contract — what  is  c.intained   iu    that 

draft— the   amount  of  it   is   $895?— A.   My  recollection  is  that  that   was  all.     Will  you 

look  at  that  draft  again  '   [After  looking  again  at  the  draft.]  I  could  not  state  at  this 

•  vise  amount  that  I  received  from  any  of  those  contracts. 

<.t>.   Wus  not  the  precise  amount  that  you  received  from  the  Hammond  contract  - 
A.   1  >hould  think  not:  but  1  should  not,  as  I  said,  want  to  state  the  exact  aimm: 
them  now. 

And  did  you  not  direct  Dr.  Reed  to  pay  the  balance,  being  $50.">,  to  tho  treasurer  of 
some  mining  company  as  the  assessment  made  aj  L,  and  did  not  Dr.   Keed  pay  that 

assessment  for  you  with  the  S.'HI.'I,  the  balance  of  the  money  '—A.    I  do  not  think  tl.  I 

.  nmond  contract  amounted  to  so  much  as  that.     I  should  think   that  it  did 
I  may  be  mistaken  about  that. 

Do  you  or  do  you  not  remember  whether  these  notes  were  made  payable  for  your 
us.-  '  —  A.   In  tin-  •!  -Mils  of  that  matter  1  would  rather  you  -  •  ed.     AB  I  Raid, 

i  tli--  who!.-  business  when  it  was  found  that  I  could  not  go  ;  these  quea- 

"t  detail  he  will  have  to  stat*-. 

You  have  stated  already  that,  at  your  request,  the  name  of  John  I-.  M   ::'•  i'u  "'.'»•»  put 
rs,  or  that  you  i,  n.  but  that   it  \vas  nut  put  iu  the  COU- 

and  the  only  place  it  does  appear  is  iu  the  t\%»  notes. — A.  Yes,  - 

A    then,  that  the  name  of  John  L.  Merriam  stands  there  for  your  own 
—A.  I  presume  that  i;  do.  >.     '  :u  may  have  made  contracts  that  I  do  not 

iinything  about.    1  do  not  did. 

•and  for  your  own  num.'.  then  your  share  o-  t  was 

"  ?— A.  It  i.s  quite  possible.   As  I  said  before,  on  the  question  of  aiiim 
my  best  ren  unount  transmitted  to  me  represents  the  profit  of  my  share 

be  money  advai 

•-.ember— was  not  the  balance  of  the  money  above  the 

:  i>y  I  >r.  Reed  to  the  payment  of  an  assessment  made  against  y<> 
i.iiiin^  stock  that  YOU  h,-M  '\.   I  paid  so  many  mining  assessments  •  '  saj. 


42  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  It  would  be,  I  suppose,  about  November,  1874— about  the  date  of  the  draft.— A.  It 
may  have  been  done  so. 

Q.  Now,  sir,  what  service,  if  any,  did  you  render  that  might  enable  you  to  receive  this 
amount  of  money  in  the  contract  given  to  Mr.  Hammond  ? — A.  You  have  the  whole  state- 
ment before  you,  sir.  You  can  judge  of  the  amount  of  service  I  rendered. 

Q.  You  rendered  none  ? — A.  I  do  not  say  that  I  rendered  none.  I  advanced  the  money  on 
the  outfit  necessary,  and  the  work  was  thoroughly  done. 

Q.  Was  there  an  understanding  between  you  and  Dr.  Reed  that  the  contract  should  be 
let  at  the  maximum  sum  ? — A.  No,  sir. 

Q.  You  never  requested  Dr.  Reed  to  let  the  contracts  in  that  way  ?— A.  No,  sir. 

Q.  Do  you  know  what  amount  of  money  was  recieved  by  Mr.  Hammond  out  of  this  con- 
tract?— A.  I  do  not  recollect  either  the  amount  of  money  received  by  Mr.  Hammond  or  my- 
self. I  had  memorandums  of  those  amounts.  After  the  contracts  were  closed,  i  destroyed 
uiy  memorandums. 

Q.  As  to  the  Hays  contract,  what  amount  of  money  did  you  receive  from  that  ? — A.  I 
could  not  be  more  explicit  in  that  than  in  the  other  transaction. 

Q.  You  do  not  know  how  much  you  received  from  that  ? — A.  My  recollection  is  that  I  re- 
ceived from  all  those  contracts  about  $2,500 — possibly  a  little  more,  possibly  a  little  less.  I  cer- 
tainly could  not  have  received  over  $3,000.  As  to  the  amount  for  each  one,  it  is  impossible 
for  me  now  to  be  exact.  The  aggregate  I  remember  quite  distinctly:  it  would  have  been 
under  $3,000— probably  $2,500. 

Q.  At  what  time  in  the  year  did  you  part  from  Dr.  Reed — you  say  you  were  traveling  to- 
gether in  the  West  ? — A.  I  saw  the  doctor  several  times  during  the  summer  and  fall.  Do  you 
mean  the  last  time  ? 

Q.  Yes,  sir;  when  you  parted  and  when  you  came  to  Washington.  —A.  I  did  not  come  to 
Washington  from  the  West  for  nearly  a  year  after  that;  but  I  went  from  there  to  California. 

Q.  Did  Dr.  Reed  go  with  you  to  California? — A.  No,  sir. 

Q.  Did  he  go  with  you  to  Utah  ?— A.  Yes,  sir;  I  went  with  Dr.  Reed  to  Utah  twice,  I 
think,  during  that  summer  and  fall. 

Q.  Were  you  in  the  city  of  Washington  on  the  20th  of  April,  1875  ?— A.  I  could  not  tell 
that  at  the  present  time. 

Q.  Do  you  remember  meeting  Dr.  Reed  in- Washington  in  the  spring  of  1875  ? — A.  I  don't 
think  I  met  Dr.  Reed  last  spring  at  all,  either  in  Washington  or  elsewhere — wait — I  did  meet 
Dr.  Reed  here  in  the  winter  or  early  spring.  It  must  have  been  earlier  than  that. 

Q.  It  was  in  the  latter  part  of  April,  was  it  not  ? — A.  I  should"  say  it  was  earlier  than  that. 
I  recollect  now  of  seeing  Dr.  Reed  last  winter  or  spring. 

Q.  When  you  met  Dr.  Reed  in  Washington,  did  you  know  that  Mr.  Stevens  had  sent  this 
draft  and  other  papers  to  Secretary  Bris tow,  with  a  request  that  he  lay  them  before  the  Pres- 
ident ? — A.  No,  sir. 

Q.  You  did  not  know  that  ? — A.  No,  sir ;  I  did  not  know  that  until  the  present  moment, 
since  you  tell  me. 

Q.  You  did  not  know  until  the  present  moment  that  these  papers  were  ever  received  by 
Secretary  Bristow  from  Mr.  Stevens,  a  clerk  in  Dr.  Reed's  office,  and  by  him  given  to  the 
President?— A.  I  have  heard  a  great  many  stories  about  those  papers.  I  do  not  know,  and 
I  do  not  care  to  know,  how  they  were  received  by  the  President. 

Q.  Do  you  say  you  did  not  know  at  the  time  that  the  President  had  those  papers  ? — A. 
No,  sir ;  I  did  not  know. 

Q.  Did  you  or  not  tell  Dr.  Reed,  upon  his  arrival  at  Washington  from  Saint  Louis,  in  April, 
1875,  that  the  President  had  the  papers  containing  the  evidence  of  your  interest  in  contracts 
in  his  Territory  ? — A.  I  do  not  recollect  of  seeing  Dr.  Reed  that  late  in  the  season.  Dr.  Reed 
was  here  in  the  winter.  It  is  possible  I  may  have  notified  him  as  soon  as  I  learned  it  my- 
self. The  probability  is  that  I  would  do  so. 

Q.  You  say,  then,  that  the  probability  is  that  you  did  tell  Dr.  Reed  that  the  President  had 
these  papers  ? — A.  When  I  was  advised  so ;  but  whether  that  was  in  April  or  May  I  do  not 
know  now,  and  I  have  no  recollection  now  at  the  present  time  of  seeing  Dr.  Reed  about  that 
time.  If  Dr.  Reed  was  here  at  that  time,  and  I  knew  ef  the  papers  in  use  in  that  way,  I 
•would  have  told  him. 

Q.  But  you  say  you  have  no  recollection  of  the  fact  that  you  ever  did  tell  him? — A.  I  do 
not  recollect  it  now.  Something  might  recall  the  interview  to  my  mind,  but  I  do  not  recol- 
lect it  at  the  present  time.  If  he  was  here,  and  I  knew  of  the  papers  being  with  the  Presi- 
dent I  should  have  told  him. 

Did  you  not  know  that  the  President  had  the  papers  ? — A.  At  that  time  ? 
At  any  time. — A.  O,  yes,  sir. 

How  did  you  learn  it  ? — A.  I  read  it  in  the  newspapers. 

And  you  never  knew  it  until  you  saw  it  in  the  newspapers  ? — A.  I  have  been  told 
many  stories  about  those  papers.  I  think  I  was  told  by  half  a  dozen  parties  a  day,  before  it 
came  out  in  the  newspapers,  of  their  being  there.  About  that  time  I  was  notified  by  a  great 
many  parties  that  such  papers  were  in  the  hands  of  the  President. 

Q.  Was  that  before  or  after  Dr.  Reed  arrived  in  the  city  ?— A.  Well,  I  do  not  recollect  of 
Dr.  Reed's  being  in  the  city  about  that  time. 


i.ir  VEYS  IN  43 

Q.  Do  you  recollect  'n.-ivm-  a  <  .  :. ,  .-rsation  with  Dr.  Reed  at  any  time  about  these  papers, 

ling  him  that  the  President  had  them  '—A.  < ).  yes.  sir;  I  tfiiuk  I  do. 
Q.  Wheu  did  you  have  that  conversation  with  Heed? — A.  I  either  notified  him  verbally 
or  by  letter  of  that  fact. 

Q.  Do  you  kn«>\v  whether  Dr.  Reed  was  in  the  Territory  at  the  time  his  clerk  sent  these 
g  tn  Mr.  Imstow  T— A.  Can  you  tell  me  when  Dr.  Reed  was  here  ? 
I  think  he  swears  he  was  here  on  the  2Sth  of  A\>  A.  Can  you  tell  UK-  when 

these  papers  were  published  ; 

No,  sir;  I  cannot  tell  you  that.-  ollection  i  -  only  a  recoil, 

.that  wheu  these  papers  \\.-re  published.  1  >r.  Reed  wast  in  8;.  '  <  ther  I  met 

him  here  ami  tola  him  of  their  being  with  the  President,  <ir  whether  I  u  that  they 

were  with  the  President,  I  do  not  recollect.    I  should,  however,  swear  pretty  positive) v  that  I 
:  see  him  here  the  last  of  April ;  but  if  he  was  h«  re  I  must  have  teen  him,  ami  if  I  saw 
him  1  must  have  told  him  of  the  tact,  providing  the  publication, was  n  time. 

For  those  dates  I  could  not  be  positive  m>\\ . 

Do  you  remember  who  the  person  is  who  first  told    you  that  the  Pre-  !  these 

pujii  rs  ? — A.  No,  sir ;  I  do  not ;  but  my  recollection  is  it  was  somebody  who  pot  it  from  some 
m-w^paper  man — a  reporter.     I  was  told  a  number  of  times  about  the  were  made 

public. 

Q.  Did  you  ever  have  a  talk  with  the  President  about  the  matter?— A.  Never. 

V     1 '   :  you  at  any  time  have  possession  of  the  papers   while  you  were  1.-  -uiug- 

No,0ir. 

Did  you  see  them  at  any  time  "—A.  I  have  seen  them  several  times  since  they  have 
been  going  the  rounds. 

iv  Q.  \\here  did  you  see  them  the  first  time  you  saw  them  ?— A.  I  should  want  to  refresh  my 
memory  on  that  subject  before  making  a  positive  answer  on  it. 

1  ><>  you  say  that  you  do  not  now   recollect  where  you  saw  them  the  first  time  ? — A.    I 
would  not  like  to  state  positively. 

Q.  What  is  your  impression,  if  you  have  any,  as  to  the  place  where  you  saw  them  the 
first  time? — A.  I  would  rather  refresh  my  memory  a  little  and  endeavor  to  make  uiy  an- 

iore  definite  before  I  make  any  on  that  subject. 

Q.  If  you  have  any  impression  we  would  like  to  know  what  it  is  as  to  the  place  where 
you  first  saw  these  papers  'i — A.  I  have  not  an  impression  positive  enough  to  state  it  in  tes- 
timony at  the  present  time.  Many  of  these  matters  of  dates  and  place-  mce  I  can- 
not state  accurately  without  recalling  some  of  the  attending  circumstances. 

Q.  Were  not  these  papers  in  possession  of  the  President  when  you  first  learned  that  they 
had  been  sent  to  Washington  ?— A.  They  were  either  in  bis  possession  or  about  to  be  put  In 
•  ssession.     I  heard  a  number  of  rumors  and  reports,  and  people  would  come  to  me  and 
tell  me  that  they  heard  such  and  such  stories  about  these  papers  on  Newspa.  md  all 

that  sort  of  thing.     The  papers  might  not  have  been  in  the  President's  hands  when  I  first 
heard  of  them. 

Were  not  they  in  the  President's  hands  wheu  you  : 

Is,  but  they  had  been  phiced  in  his  hands  in  all  probability  before  I  saw  them. 
','.  Were  they  not  in  his  possession  when  you  first  saw  them  ? — A.  I  would  not  like  to 
state  that  positively.      The  probability  is  that   they  were.     I  do  not  know  when  they  were 
handed  to  him.    I  'did  not  take  enough  interest  in  it  to  care  one  way  or  the  other. 
Q.  Now.sir,  who  >lmw,d  them  to  you  f— A.  Do  you  mean  th*  first,  secon 
(,».  I  mean  the  tir>t  time  you  saw  'them,  who  showed  them  to  you  ?— A.  That  question  I 
would  not  like  to  answer  no\\  . 

Q.  We  must  insist  that  you  answer  that  question.— A.  I  shouM  -me  of  the 

iing  circu:i  regard  to  those  letters  before  I  put  myself  into  print  or  on  paper 

•  thing  that  I  desire  or  intend  to  conceal.     I*  do  not  care  enough  about 
'•ome  to  all  that  I  know  about  the  sui 

Q.  TI.e  i|iie>tion  to,  wl...  fl  1  you  these  papers?     You  can  either  I  was. 

MU  don't  know.— A.  At  the  present  time.  I  vrookl  answer  that  I  do  not  know 

Was  it  or  was  it  not  some  person  employed  at  tbe  Executive  Mansion  ?— A.  I  was  go- 
e  that  question  to  a  later  day  until  I  ask  one  or  two  questions  to 
refresh  my  mind,  I  will  th.  i  .ill  tin-  information  that  I  can  pick  up  on  the  subject. 

•  liiestion  now,  if  you  can.— A.    I   cannot  now  answer 

•  rily,  but  I  will  do  so  positively,  after  having  asked  one  or  two  questions  as  to 
date*.  not  anything  about  it  but  what  you  a 

n  iu  regard  to  it.     I  would  rather  answer  the  question  when  I  out 
do  so  j  , 

By  M 

Q.  What  is  there  ti  r  it  point  that  you  have  not  got 

now  T— A.  This  fact,  that  I  had  been  told  so  many  times  about  those  letters  and  papers,  and 
by  so  many  dirt-  >,aud  there  are  two  or  three  occasions  on  which  I  have  a«en  them, 

so  tl.  r  -hunt  asking  at  least  one  of  the  parties  where  it  was,  and  when  it 


44  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

was,  that  I  first  saw  t^em.  If  you  give  me  time  to  do  that,  I  will  answer  the  question  posi- 
tively. My  recollection  is  that  I  first  heard  of  those  things  being  in  the  President's  hands 
when  in  New  York. 

By  Mr.  MUTCHLER  : 

Q.  The  question  is  not  when  you  first  heard  that  they  were  in  the  President's  hands  ;  the 
question  is  who  first  showed  them  to  you  ? — A.  If  you  will  wait  a  little  while,  I  will  answer 
that  question  clearly  and  definitely. 

Q.  Do  you  say  that  you  cannot  now  remember  who  showed  them  to  you  at  any  time  ? — 
A.  No,  sir. 

Q.  You  do  not  know  whether  it  was  any  person  employed  at  the  Executive  Mansion  or 
not? — A.  Would  you  rather  I  answered  these  questions  to  the  best  of  my  recollection,  than 
to  wait  a  day  and  let  me  give  you  positive  information  ? 

Q.  Yes,  sir  ;  and  if  you  find  you  have  made  a  mistake  you  can  come  back  and  correct 
the  error. — A.  I  would  rather  you  let  the  question  run  to  to-morrow. 

Q.  We  would  rather  have  your  impressions  or  recollections  now ;  as,  I  say,  we  will  allow 
you  to  correct  them  to-morrow  if  you  find  you  have  made  a  mistake. — A.  My  recollection 
is  that  they  were  shown  to  me  first  by  some  one  connected  with  the  White  House. 

Q.  Who  is  that  person  ? — A.  It  was  probably  General  Babcock. 

Q.  Was  that  before  or  after  Dr.  Reed  came  to  the  city  ? — A.  As  I  told  you,  I  had  no  re- 
collection of  Dr.  Reed's  being  in  the  city  at  that  time.  I  recollect  of  his  being  here  in  the 
summer.  He  may  have  been  here,  and  if  his  testimony  is  that  he  was  here,  he  must  have 
been  here,  but  I  do  not  recollect  of  his  being  here  at  that  time. 

Q.  Was  not  that  the  first  intimation  that  you  had  of  the  papers  being  in  Washington  ? 
I  mean  at  the  time  when  General  Babcock  showed  them  to  you. — A.  No,  no,  sir. 

Q.  You  knew  it  before  that  I — A.  I  knew  it  from  a  dozen  parties  before  that. 

Q.  Had  il  been  in  the  papers  before  that  ? — A.  That  I  could  not  say. 

Q.  Do  you  know  what  time  of  the  year  it  was  when  you  think  General  Babcock  she  wed 
you  the  papers  ? — A.  I  could  not  even  tell  you  the  month  it  was  in. 

Q.  Was  it  in  the  spring  of  1875? — A.  It  was  in  the  spring — last  spring. 

Q.  The  month  of  March  or  April? — A.  I  could  not  tell  now,  sir.  It  is  a  mattter  that  I 
did  not  take  much  interest  in  anyhow.  The  President  or  the  public  are  welcome  to  these 
papers. 

Q.  Do  you  remember  having  a  conversation  with  Dr.  Reed  in  which  he  told  you  that  he 
had  been  to  see  the  President  in  relation  to  these  papers — a  conversation  here  in  the  city1? — 
A.  I  recollect  very  well  of  seeing  Dr.  Reed  after  he  had  had  a  conversation  with  the  Presi- 
dent on  this  subject,  but  whether  that  was  in  April,  or  May,  or  June,  I  cannot  say. 

Q.  It  was  immediately  after  he  had  had  the  conversation  with  the  President  "? — A.  Yes, 
sir ;  and  I  think  it  was  soon  afterward  at  any  rate. 

Q.  Did  Dr.  Reed  then  tell  you  that  he  had  telegraphed  to  his  clerk — Mr.  Stevens — asking 
him  how  Campbell  obtained  "Delano's  letters  to  me  "  about  surveys  ? — A.  I  was  trying  to 
recall  my  interview  with  Dr.  Reed.  There  has  been  so  much  said  on  this  subject  that  it 
is  difficult  to  locate  it  all.  I  think  I  recollect  the  doctor's  telling  me  that  he  had  suspended 
Mr.  Stevens,  or  some  one  in  the  office  who,  he  thought,  had  made  improper  use  of  his  rec- 
ords. It  is  possible  he  may  have  mentioned  the  telegram  and  probable  that  he  did.  If  he 
sent  it,  undoubtedly  he  told  me  of  it. 

Q.  That  was  after  his  interview  with  the  President? — A.  That  I  could  not  say. 

Q.  Did  Dr.  Reed  tell  you  that  the  President  said  to  him  that  he  would  give  you  those 
papers  ? — A.  He  may  have  said  so.  I  had  no  desire  to  have  the  papers,  and  had  made  no 
request  for  them. 

Q.  Did  you  make  any  request  for  them  after  the  doctor  told  you  the  President  said  he 
would  give  them  to  you  ? — A.  No,  sir  ;  I  made  no  request ;  never  made  a  request  for  them. 

Q.  Did  you  make  any  effort  of  any  kind  to  get  them  ? — A.  No,  sir ;  I  made  an  inquiry 
once  about  them. 

Q.  From  whom  ? — A.  I  think  from  the  President's  secretary. 

Q.  General  Babcock  ? — A.  Either  he  or  whoever  was  acting  at  that  time. 

Q.  What  did  you  inquire  about  ?— A.  I  think  I  inquired  if  the  letter  was  there. 

Q.  Is  that  all  ?— A.  Yes,  sir ;  I  never  asked  for  it. 

Q.  Did  you  inquire  whether  he  had  any  instructions  from  the  President  to  give  you  the 
papers  ? — A.  No,  sir. 

Q.  Did  you  have  any  interest  in  surveying-contracts  given  by  Surveyor-General 
King?— A.  No,  sir. 

Q.  In  Minnesota  ? — A.  No,  sir. 

Q.  Or  Charles  T.  Brown  f — Av  No,  sir;  this  is  the  only  surveying-contract  in  which  I 
have  ever  figured. 

Q.  You  have  never  figured  in  any  other  ? — A.  No,  sir,  directly  or  indirectly  ;  I  think  I 
shall,  though. 

Q.  Did  you  have  an  interest  in  any  contract  given  to  a  gentleman  by  the  name  of  Du 
Bois,  who  lived  in  this  city  ?— A.  No,  sir. 


G0\ 

Q.  Did  you  use  your  influence  to  i?h:aiii  a  contract  fur  him  '  —  A     v 

<,'.  i>o  you  know  anything  ab,  ,  .ng  a  contract  ?—  A.  I  know  th:it  there  has  been 

surveys  of  the 
lower  count  m  as  the  gentleman  I  have  in  \ 

M    Doy<  a    '        M  ,D  —A.  I  should  not  know  him  if  I  sa\\ 

quaintance  with  him. 
:.--d. 

Wl!  I  Is  1>KI   MM"N1> 

By  Mi.  i:i 

in  Washington. 

Q.  You  have  been  Commissioner  of  the  Land-Office  in  this  city,  have  you  not?—  A.  I  was 
Commissioner  from  about  February.   1-71,  :<>  M-iy.  18! 

V.   l>u  YOU  remember  my  consulting  you  about  the  month  of  February,  1874,  as  to  the 
propriety  or  imp;  Mr.  .John  Delano  with  a  practical  SIP 

contract  for  innreyinff  tend  in  Wyoming?—  A.  Yes,  sir  ;   I  remember  a 
had  some  time  in  "the  latter  part  of  the  winter  of  : 

<ti.    r;.-a>--  -i  ;fe  what  your  opinion  was  which  you  gave  to  meat  that  time  in  regard  to  the 
'  —  A.  You  s;ii<l  that  you  had  considered  the  matter  of  letting  Mr.  John  D--iai:u  have 
an  interest  in  a  contract  to  go  out  with  a  surveying  party  with  a  view  to  recruiting  his 
health  ;   lie  had   been  at   that  time  in  v.-ry  bud  health  for  a  year  or  two,  suffering  fruu: 
sumption;  you  expressed  the  opinion  that  if  you  could  get  him  out  there  and  conne<  • 

t  surveying  partj,  letting  Dim  camp  out  during  the  summer,  that  it  would  cure  him, 
would  be  any  impropriety  in  your  allowing  him  to  have  an  in- 

terest in  a  contract  with  a  competent  surveyor.  I  told  you  that  there  would  nut,  as  Mr.  Del- 
.ui  .  \\.is  then  disconnected  with  the  Department,  haying  resigned  his  position,  and  no  longer 
holding  any  official  connection  with  the  Department,  that  I  did  not  see  that  there  would  be 
any  impropriety  in  it.  The  question  then  came  up  in  some  way  as  to  how  this  should  be 
whether  it  should  be  done  as  an  open  transaction,  using  his  name,  or  whether  he  should 
be  allowed  an  interest  in  the  contract  without  his  name  being  used.  I  told  you  that  if  it 
was  done  at  all,  it  must  be  done  openly,  that  his  name  must  be  used  in  the  contract,  and 
that  vou  should  treat  him  the  same  as  anybody  else;  that  I  did  not  know  any  reason  why 

,  I 


"iild  have  the  contract  because  he  was  Secretary  Delano's  son.  and,  on  the  contrary, 
did  not  know  any  reason  why  he  should  not  have  the  contract  because  he  was  Secretary 
Delano's  son,  but  that  I  would  not  approve  any  transaction  unless  it  was  an  open  transac- 
tion in  Mr.  Delano's  own  name,  he  appearing  as  deputy,  and  entering  into  the  contract  the 
same  as  anybody  else.  Tl.  conversation. 

us  that  if  I  gave  a  contract  to  him  and  another  com;' 

party  you  would  approve  the  contract  .'  —  A.  Yes,  sir  ;  I  told  you  that  I  never  had  int« 
with  the  letting  of  contracts  by  surveyors-general  in  advance,  because  I  had  to  hold  th> 
sponsible  for  the  discharge  of  their  duties  :  that  I  never  dictated  to  them  in  that  matter,  but 
that  I  saw  no  reason  why,  if  you  thought  it  best  to  let  John  Delano,  in  conjunction  with  a 
competent  engineer,  have  a  >ur\  vying-contract  out  there,  I  should  disapprove  it.    On  the  con- 

.  I  felt  inclined  to  approve  it.     I  said  I  had  no  objection  to  it. 
Do  you  remember  whether  you  in  your  time  adopted  the  regulation  of  approving  sur- 

;.£  contracts  before  tl..  —A.  No,  sir;   1  think  that  was  done  prior  to  my 

That  practice  existed  before  that  time  ?—  A.  Yes,  sir;  they  had  to  be  I 
approval.    I  am  not  sure,  but  I  think  that  was  by  act  of  Coi  _     to,     I  thin 

I  -•;,'.  that  it  -hould  not  become  binding  upon  the  I  til  ap- 

proved by  the  Commissioner  of  the  General  Land-Oflice. 
Q.  Were  you  in  the  practice  of  requiring  at  least  the  name  of  one  skillful  • 

I 

then-  v  loose  practice  on  the  part  ot  certain  surveyors-general  ;  ti: 

appointed  men  without  any  knowledge  of  the  business,  an 

>-,ied  regulations  in  1-7:'.,  I   thin. 
should  let  their  -  >  men  of  practical  experiem 

that  to  approve  any  contracts  u: 

the  business  \\  .  1  with  th«-  .      '. 

to  survey  ors-g' 

or  any  other  deficiency  ?—  A.  N>  of  any 

outracts. 

.,'    I  es  of  each  contract  have  to  be  signe,;  ;t.es.—  A. 

•,  .1  in  quadruplicate. 

i    s-re  is  an  « 
faithful  Discharge  of  duty,  and  I  think  .'.so  the  iron-clad  oath. 


46          ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  On  each  contract  up  to  the  quadruplicate  ? — A.  Yes,  sir'. 

Q.  How  many  copies  of  township  plats,  including  the  original,  of  each  township  have  to 
be  made  by  the  surveyor-general  before  the  accounts  of  the  deputy  can  come  to  the  General 
Land-Office,  and  does  a  copy  of  all  field-notes  and  one  plat  of  each  township  have  to  come 
with  the  said  accounts  ? — A.  The  plats  are  to  be  executed  in  triplicate,  one  for  the  General 
Land-Office,  one  for  the  surveyor-general's  office,  and  one  to  be  sent  to  the  local  land-office. 
One  copy  of  the  plat  has  to  be  sent  to  the  General  Land-Office  for  examination  before  the 
deputy's  account  can  be  adjusted. 

Q.  Do  you  remember  whether  you  revoked  a  contract  made  by  my  predecessor,  Dr.  La- 
tham, in  the  months  of  June  or  July,  1873,  because  neither  of  the  parties  to  the  contract 
were  practical  surveyors,  or  known  to  your  Department  ? — A.  I  did  not  revoke  a  contract,  I 
disapproved  one ;  it  was  disapproved  because  it  was  shown  in  the  report  of  the  surveyor- 
general  that  neither  of  them  had  ever  had  any  practical  experience  in  surveying. 

Q.  If  I  had  sent  you  a  contract  with  a  competent  surveyor,  who  had  become  a  practical, 
good,  trusty  surveyor  by  practice  in  the  field,  would  you  have  disapproved  it  merely  because 
he  was  my  nephew  ;  and  to  that  extent  my  blood  relative  ? — A.  No,  sir ;  the  law  does  not 
prohibit  contract  because  of  relationship  ;  but  I  ought  to  state  this  to  the  committee  :  in  the 
history  of  the  office,  it  appears  that  upon  one-  or  two  occasions  surveyors-general  let  con- 
tracts to  their  children — to  minors.  In  other  words  they  farmed  out  the  business  of  the 
administration  to  their  own  immediate  families.  That  was  considered  objectionable  by  the 
Commissioner,  and  I  would  not  have  approved  contracts  where  a  man  had  farmed  out  to 
his  own  children,  and  to  his  own  immediate  family,  but  I  should  not  have  rejected  a  con- 
tract because  it  had  been  let  to  a  relative,  if  that  relative  was  not  a  member  of  his  own 
family. 

Q.  A  nephew  you  would  not  object  to  ? — A.  No,  sir ;  the  object  would  have  been  to  have 
got  a  good  surveyor  without  regard  to  the  question  of  relationship.  I  should  have  objected 
to  the  kind  of  transaction  which  I  speak  of  where  a  surveyor-general,  as  was  done  in  one 
or  two  instances,  farmed  out  contracts,  as  I  understand,  to  his  own  children,  some  of  them 
being  minors.  That  is,  he  farmed  out  the  business  of  the  office,  keeping  it  all  in  one  family. 

Q.  I  have  testified  here,  under  oath,  that  I  offered  Mr.  John  Delano  an  ordinary -sized  con- 
tract, or  a  first-class  contract  for  surveying,  which  means,  with  my  office  practice,  a  contract 
of  from  $5,000  to  $5,500,  he  to  be  united  with  a  practical  surveyor  ;  that  I  took  one  Mr. 
Hammond,  with  an  equal  amount,  say  $2,000  to  each,  in  a  contract  as  a  partner  with  Mr. 
Delano  ;  that  I  waited  some  days  or  a  week  for  the  arrival  of  Mr.  Delano  ;  that  on  the  19th 
or  20th  of  May,  1874,  Mr.  Delano  not  coming  and  Mr.  Hammond  being  ready  to  start  to  the 
field  with  his  men  and  his  outfit,  I  signed  the  contract  with  him,  he  giving  a  sufficient  bond  ; 
that  he  drew  on  Mr.  Delano  for  his  part  of  the  advance  expenses,  and  started  to  the  field, 
enjoining  upon  me  not  to  interrupt  or  stop  him  if  possible.  Mr.  John  Delano  did  not  reach 
Wyoming  and  insert  his  name  before  I  was  obliged  to  forward  the  contract  to  the  Commis- 
sioner of  the  General  Land-Office  for  approval ;  that  I  retained  the  contract  some  weeks 
waiting  for  John  Delano  to  reach  there,  and  that  he  failed  to  reach  there  before  the  time 
elapsed  which  made  it  necessary  to  forward  the  contract  to  the  Department  for  approval.  I 
now  wish  to  ask  you  whether,  under  such  a  state  of  facts,  I  ought  to  have  recalled  that 
deputy,  Mr.  Hammond,  from  the  field,  on  finding  that  Mr.  Delano  did  not  reach  there  be- 
fore 1  was  obliged  to  send  the  contract  away  for  approval ;  and  if  I  did  not  recall  him,  whether 
I  should  be  censured  for  carrying  out  his  verbal  arrangement  involuntarily  dividing  profits 
with  Mr.  Delano,  the  same  as  if  Mr..  Delano's  name  had  been  in  the  contract.  I  present 
two  points:  whether  you,  as  Commissioner  of  the  Land-Office,  think  I  should  have  recalled 
the  deputy,  or  whether  I  should  have  interfered  in  the  matter  ? — A.  With  the  permission  of 
the  committee  I  would  say  that,  under  those  circumstances,  I  do  not  think  you  ought  to  have 
recalled  the  deputy,  unless  he  was  immediately  by  and  could  be  recalled  without  great  loss 
to  him.  If  he  was  a  competent  deputy,  he  should  have  beeu  permitted  to  go  on  and  ex- 
ecute the  contract.  Of  course  it  was  then  a  contract  with  a  single  individual  as  it  stood  on 
the  records.  If  he  saw  proper  to  divide  the  proceeds  with  John  Delano  after  that,  that  was 
a  matter  of  his  own,  and  it  was  a  matter  in  which  I  should  say  you  had  no  right  to  dictate 
to  him  or  to  control  him.  You  should  not  after  that  have  dictated  to  him  anything  about 
the  division  of  the  spoils.  If  he  saw  proper  to  do  so  voluntarily,  it  was  a  matter  with  which 
you  had  nothing  to  do. 

Q.  This  was  entirely  a  voluntary  matter,  and  so  considered,  and  was  continued  to  the 
very  end  ? — A.  It  would  have  done  no  good  to  the  Government,  and  would  have  done  in- 
jury to  the  deputy  to  have  recalled  him  at  this  stage  of  the  proceedings. 

Q,  Please  give  to  the  committee  whatever  your  opinion  may  be  of  the  character  and 
fidelity  of  both  the  office  and  field-work  of  Dr.  Reed  as  surveyor-general,  and  what  you  be- 
lieve to  be  his  fidelity  to  the  interests  of  the  Government  as  surveyor-general,  and  whether 
you  ever  confided  to  him  important  duties  in  his  official  capacity  in  other  places  than  his 
own  district  of  Wyoming. — A.  So  far  as  Dr.  Reed's  record,  while  I  was  Commissioner  of 
the  Laud-Office,  was  concerned,  it  was  unobjectionable ;  he  holds  the  reputation  of  being  a 
very  competent  and  faithful  surveyor-general.  His  work  came  up  to  my  office  in  good 
shape,  and  always,  I  believe,  without  exception,  proved  satisfactory.  He  had  the  reputation 
of  being  one  of  "the  most  efficient  and  competent  surveyors-general  in  the  service  at  the 


Q0\  -    IN    \vvo\ir  :;ri«>RY.  47 

•i.  r  of  the  Land-OfBc.-.     i:  •  • .  i  M  of  that  reputation  I  selected  him,  at 
the  instancr  of  Mr.  Delano,  to    make  an    examination  of  sump   work  th  it    was  p, 
the  State  of  California  in   relation  to  a  private  land-grant.     The  Si--  it  ex- 

amined, and  I  selected  Mr.  Reed  with  reference  to  his  qualifications  as  a  surveyor,  as  well 

as  a  faithful  surveyor-general,  to  perform  that  \ 

Mil  perform  it  to  the  satisfaction  oi  A.  Yes, sir;  I  believe  so, 

entir- 

M  CIMIUV 

Q.  I  understood  you  to  say  that  all  you  required  was  that  one  of  the  parties  named  in  the 
.ct  should  he  a  practical   surveyor  ?— A.  Yes,  sir;   I   say  that  is  all  the  regulation  of 
the  Department  requires.     I  have  brought  with   me,  for  the  purpose  of  showing  that 
the  regulations  issued  by  one  of  my  predecessors.     An  extract  therefrom  reads  as  fol 
"When  two  deputies  enter  into  joint  contract  fora  certain  service  and  only  on.- of  them 
gOM  into  the  field,  if  that  one   with  a  single  surveying  party  executes  all  the  work  in  pei- 
son.  his  affidavit  alone  as  surveyor,  attached  to  the  fteld-notee,  will  he  deemed  sufficient  ; 
and  no  impediment  to  the  payment  of  his  accounts  will  result  therefrom."     That  was  issued 

Q.  Do  you  understand  the  law  to  require  that  contracts  shall  not  be  let  to  any  persons 

ii  as  are  skillful  surveyors  1— A.  The  language  of  the  law  is,  I  believe,  tin 
surveyor-generals  shall  select  skillful  surveyors  as  their  deputies.     That  is  the  old  act  of 

ct>.  There  is  no  other  law  except  that,  is  there  '—A.  No,  sir ;  there  is  no  other  law  except 
that,  that  I  know  of,  on  that  point.     I  do  not  remember  any. 

ct>.  Do  you  also  understand  that  it  is  necessary  for  surveyors  to  give  a  bond  and  take  an 
sir. 

Q.  And  also  to  sign  a  contract  ? — A.  Yes,  sir ;  the  deputy  exists  by  virtue  of  his  contract. 
It  is  not  an  office  by  commission,  but  exists  merely  hy  contract. 

Q.  Do  you  consider  a  surveyor-general  as  complying  w  ith  the  law  who  would  let  a  con- 
tract to  two  men  and  require  only  one  of  the  deputies  to  take  the  oath,  sign  the  contract,  and 
give  the  bond,  and  at  the  same  time  have  him  joined  with  a  party  who  was  not  a  skillful 
surveyor,  who  was  not  required  to  give  a  bond,  to  take  the  oath,  or  to  sign  the  contract,  and 
who  did  not  appear  in  the  Territory  at  all  or  upon  the  land  that  was  to  be  surveyed  T  \\ 
you  in  v.-rth.  i,  <s  approve  that  contract  ? — A.  No,  sir;  I  do  not  say  so.  I  was  speaking  of 
where  two  deputies  entered  into  and  executed  a  contract— that  it  had  been  the  practice  of  the 
office,  and  prohahly  in  accordance  with  the  spirit  of  the  law,  if  not  in  accordance  with  tin- 
exact  letter  of  the  law.  I  found  it  had  been  the  practice  of  the  office,  almost  from  time  im- 
memorial, to  let  a  contract  to  two  men,  requiring  one  to  be  a  competent  surveyor  to  take 
charge  of  the  compass  and  execute  the  work. 

<•?.   !  -lire  the  two  men  to  sign  the  contract  ? — A.  Yes,  sir. 

And  to  take  the  oath  f — A.  There  are  two  or  three  different  elements  entering  into  the 

•  ration  of  n.  contract.     One  is  the  capacity  and  fitness  for  the  work,  and   the  otl 
lancial  responsibility.    Another  thing  that  we  find  in  practical  experience  in  survey- 
ing, is  e\«cii:;vt  capacity  to  manage  a  lot  of  men  in  the  field.     Thos,-  three  qualifications 
constitute  a  good  surveyor.     We  frequently  find  in  practice  that  where  a  man  pos-es-. 
technical  skill  to  survey  he  does  not  possess  the  financial  responsibility,  and    I    Mipp 

that  way  the  practice  grew  up  of  allowing  a  financial  man  to  be  connected  with  a  skillful 
practice  is  so  old  that  I  do  not  know  exactly  how  it  originated.    I  suppose, 

•  T,  that  that  was  its  origin,  and  I  found  it  in  operation  when  I  entered  into  die  1 

•A  ays  required  the  parties  interested,  so  far  as  we  ki  •  \\  anything  about  it  at 
the  Land-<  Mli.-e.  to  i-M-cu'e  the  contract  or  appear  upon  the  face  of  it. 

M  parties  t— A.  Yes,  sir;  and  that  kind   of  a  contract,  I  have  no  hesitation 

•  Jig.  1  sh-nild  have  approved  where  it  appeared  to  me  that  there  was  one  man  capable 

of  the  work,  because  there  was  a  number  of  kinds  of  work  that  the  other 
man  could  have  done.  He  could  have  carried  the  Hag,  or  the  chair,  or  anything  of  that  kind. 
It  wa-  !or  more  than  one  man  to  l»r-  a  skillful  surveyor  in  a  surveying  party. 

«,'.    Hi!  \oii  known  that    Mr.  .lohn    Delano  had   a  half  interest  in    the  contract  let  to  Mr. 
Hammond,  would  you  have  approved  that  contract  f — A.  I   should  not   have  approved  an 
?  !.y  which  one  man  was  to  have  an  interest  in  the  contract  without  appearing  as 
to  it. 

i i.l  you  to  say  that  you  would  not  have  approved  the  contract  of  Mr. 
nond  f — A.  '1  his  contract  was  made  after  1    left  the  office,  and  of  conr.-e    1  had  no  offi- 
i.ncction  with  it.     It  was   something  that    1   i:ev.  rheaid    of  until  it  was  published  in 
«n  here  some  months  ago. 

V-   How  long  after  you  advised  Mr.  R.-ed  that  he  might  oonn    I  Mr.  John  Delano  with  a 
competent  sum  -\.  ;nut  in  his  t«  i  .itory,  did  you  leave  the  office  of  Commissioner  ?— 

A.   1  left  the  office  the  next  V 

mt  one  year  afterward  t— A.  No,  sir;  it  was  in  February  that  we  had  the  con- 
versation. 

«.,'.   1  hen  you  did  not,  of  course,  approve  that  contract  or  agreement  T — A.  No,  sir ;  I  never 
anything  in  the  world  abtut  it,  and  never  heard  of  it  until  this  affair  was  published. 


48  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  But  you  did  advise  Dr.  Reed  that  you  would  approve  a  contract  let  to  Mr.  John  Delano, 
if  he  would  connect  with  Mr.  Delano  a  practical  surveyor  ? — A.  Yes,  sir. 

Q.  You  meant  by  that  that  Mr.  Delano  should  go  into  the  Territory  itself,  execute  the  con- 
tract, and  connect  himself  with  it  in  every  respect  according  to  the  regulations  of  the 
office  ? — A.  Yes,  sir ;  according  to  the  regulations  of  the  office  as  the  law  had  been  con- 
strued from  time  almost  immemorial. 

Q.  Do  you  remember  approving  a  contract  let  to  a  man  named  Medary  ? — A.  No,  sir  ;  I 
have  no  recollection  of  it. 

Q.  Do  you  remember  that  a  man  named  Medary  was  one  of  Dr.  Reed's  deputies  ? — A.  I 
have  heard  so,  but  I  have  no  recollection  of  it. 

Q.  Was  that  during  the  time  you  were  Commissioner  of  the  Land-Office  ?— A.  I  think  it 
was. 

Q.  Do  you  know  whether  Mr.  Medary  was  a  practical  surveyor  or  not  ? — A.  I  do  not. 
Up  to  1873  there  was  no  regulation  requiring  the  surveyors-general  to  report  as  to  the  quali- 
fications of  their  deputies.  They  sent  contracts,  and  unless  some  objection  appeared,  I 
think  they  were  approved ;  but  in  IH73  I,  having  had  the  experience  of  the  year  or  two  be- 
fore with  deputies  entirely  unsatisfactory  in  regard  to  the  execution  of  their  work,  issued  re- 
gulations requiring  the  surveyors-general,  whenever  they  sent  to  me  a  contract,  to  send  up  a 
report  as  to  the  qualification  of  the  man  employed,  showing  where  he  had  been  employed 
-as  a  surveyor,  and  what  duty  he  had  performed  in  the  field.  After  that  time  all  contracts 
which  were  approved  by  me  were  approved  upon  that  kind  of  a  report.  But  up  to  that  time 
there  had  been  no  report  made  under  the  regulations  of  the  office,  and  consequently  I  might 
have  approved  contracts  when  they  were  let  to  men  who  were  inexperienced  without  know- 
ing anything  about  it.  The  old  system  did  not  work  to  my  satisfaction,  and  I  introduced 
new  regulations. 

Q.  I  understand  you  to  say,  then,  that  if  you  had  known  Mr.  Medary  was  not  a  practical 
surveyor,  you  would  not  have  approved  that  contract  ? — A.  I  would  not,  if  it  was  let  to 
him  without  association  with  a  competent  surveyor. 

Q.  Did  you  know  that  the  Medary  contract  was  really  let  to  Orvil  Grant  ? — A.  No,  sir  ;  I 
never  knew  Orvil  Grant  had  any  interest  in  a  contract  while  I  was  in  the  office ;  I  never 
heard  of  him  in  connection  with  any  contract  while  I  was  Commissioner  of  the  Land-Office. 

Q.  Do  you  remember  approving  a  contract  for  two  surveyors  named  James  and  Rodgers  ? — 
A.  No,  sir  ;  I  have  no  recollection  of  them.  The  chief  of  the  surveying  division  always  ex- 
amines. Of  course,  in  an  office  where  there  were  200  clerks,  I  could  not  examine  into  de- 
tails. The  chief  of  the  surveying  division  was  charged  with  the  duty  of  examining,  and 
he  brought  the  contract  to  me  with  an  approval  indorsed,  or  brought  a  report  to  me,  saying 
that  it  should  not  be  approved.  That  was  under  general  regulations  which  I  had  prescribed 
to  him  in  the  discharge  of  his  duties.  If  he  brought  a  surveying  contract  to  me  to  sign  I 
considered  that  he  had  made  the  necessary  examination,  unless  I  had  some  information  or 
suspicion,  and  signed  it  without  further  examination. 

Q.  Suppose  that  you  had  been  apprised  of  the  fact  that  the  contract  let  to  James  and 
Uodgers  was  really  given  to  a  person  named  Houghton,  who  publishes  a  newspaper  at  Ga- 
lena, 111.,  and  who  was  not  in  the  Territory  at  that  time  or  any  subsequent  time,  would 
you  have  approved  that  contract? — A.  No, sir. 

Q.  You  would  not  have  approved  it,  although  James  and  Rodgers  were  practical  survey- 
ors, had  signed  the  contract,  taken  the  oath,  and  given  the  bond  ?— A.  I  never  did  approve  a 
contract  let  for  the  benefit  of  anybody  who  did  not  participate  in  its  execution. 

Q.  You  would  not  have  approved  it  simply  because  they  had  agreed  to  divide  the  profits 
with  a  man  who  was  taking  none  of  the  responsibility  and  doing  none  of  the  work  f — A.  I 
should  have  disapproved  it  for  that  reason. 

Q.  When  you  said  to  Dr.  Reed  that  you  saw  no  objection  to  Mr.  Delano  participating  in 
the  profits  of  the  contract,  you  meant  by  that  Mr.  Delano  should  go  into  the  field  himself, 
did  you  not  ? — A.  Yes,  sir  ;  the  conversation  was  that  Mr.  Delano's  health  would  be  benefit- 
ed by  going  into  the  surveying  party  and  taking  a  summer's  campaign  with  the  party. 
That  was  the  idea  that  was  advanced  to  me.  I  knew  the  condition  of  Mr.  Delano's  health 
for  the  year  past,  and  knew  that  it  was  considered  by  the  doctors  to  be  dangerous.  I  also 
knew  the  anxiety  of  his  father  as  to  his  state  of  health.  I  said  to  Dr.  Reed  that  -I  did  not 
interfere  with  him  or  with  any  other  surveyor-general  in  the  matter  ot  letting  contracts  in  ad- 
vance, but  that  now  that  John  Delano  was  no  longer  connected  with  the  Interior  Depart- 
ment, but  was  a  private  citizen,  I  saw  no  reason  why,  if  he  wished  to  do  so,  he  should  not 
let  a  contract  to  him  the  same  as  to  anybody  else,  if  he  united  him  with  a  practical  surveyor 
•who  could  perform  the  service,  and  that  if  he  saw  proper  to  let  such  a  contract,  using 
John  Delano's  name,  and  having  him  participate  in  the  execution  of  the  contract,  that  I 
would  not  object  to  it,  but  would  approve  it.  But  I  told  him  at  the  same  time  that  I  would 
not  approve  any  secret  arrangement  for  John  Delano's  benefit,  where  he  was  not  to  partici- 
pate in  the  thing. 

Q.  If  you  had  known  that  Mr.  John  Delano  wrote  to  Dr.  Reed  a  letter  in  which  he  re- 
quested the  doctor  to  omit  his  name  from  the  contract  and  to  insert  the  name  of  another 
party  who  was  also  not  a  practical  surveyor,  would  you  have  approved  that  contract  f-r-A. 
No,  sir  ;  I  should  have  saio.  the  doctor  ought  not  to  have  let  a  contract  in  that  way. 


GOVKKNMKM     SUfcTKYfl    IN    WYnMi.M;    TERRITORY.  49 

nversation  with  the  Secretary  of  the  Interior  about  bis  son  roim? 

into  the  lenitorv  to  do  surveying  7— A.  After  this  conversation  with  Dr.  Reed  I  thought  the 
,  and  came  to  the  conclusion  that  perhaps,  as  he  was  the  Secretary's  son  the  Sec- 
lit  object  to  his  having  anything  to  do  with  the  contract,  publicly  or  privatelr 
v  and  stated  what  Dr.  Reed  had  proposed,  and  wl.at  I  had  tola*  him      I 

told  him  that  I  thought  inasmuch  as  he  was  his  son,  and  that  he  (the  Secretary )  was  the 

head  ot    the  office,  it  was  my  duty  as  chief  of  the  Land-Office  to  state  the  facts  to  him      I 

d  him  I  could  not  see  any  impropriety  in  making  an  open  transaction  of  the  kind,  but  I 

l.t  after  reflection  it  was  my  duty  to  name  it  to  him.     He  expressed  himself  as  thank- 

tul   tor  the  interest  we  had  taken  in  John   Delano,  but  at  the  time  objected  to  any  such  ar- 

Mient   and  I  never  talked  with  him  afterward.     He  would  not  approve  it  at  thai 
and  I  neve,  .spoke   to  him  again  about  it,  and  never  had  anything  further  to  do  with 

i  it  again. 

Q.  You  l.-ft  the  Land-Office  before  the  contract  was  to  be  let?— A.  Yes,  sir. 
Q.  Who  was  your  successor?— A.  Mr.  Hnrdette. 
<.,'.  Is  he  the  present  Commissioner  ? — A.  Yes,  sir. 

By  M     Ki  i  i>  : 

ke  not,  you  were  asked  the  question  if  both  deputies  were  hound  to  appear 
i  the  held  of  survey  ?— A.  They  are  not  bound  to  appear  by  the  regulations  of  the  Land- 
Bee  ;  I  was  only  stating  what  the  purport  of  our  conversation  was.    The  purport  was  that 
Delano  was  to  go  out  and  accompany  the  party,  and  to  camp  out  with  it  duriu?  the 
i  hat  was  the  idea.    And  according  to  the  regulations  of  the  Land-Office  a  con- 
tract might  be  let  to  two  men,  one  of  whom  might  execute  it  in  the  field,  although  th.- 
was  not  required  to  go. 

Q.  There  was  some  regulation  of  your  Department  at  one  time  that  one  might  not  go  to 
the  held  at  all,  was  there  not?— A.  Yes,  sir;  that  was  the  regulation  of  !-•  1  I 

have  called  the  attention  of  the  committee.  It  was  provided  that  if  both  did  not  participate 
in  the  contract,  the  one  who  did  should  take  the  oath  as  to  the  execution  of  the  work  It 
recognized  the  fact  that  there  might  be  a  contract  with  two  parties,  one  of  whom  was  not  to 
be  personally  present  at  the  execution  of  the  work. 

V    The  practical  man  to  go  to  thejfield  ?— A.  Yes,  sir ;  as  I  said  a  while  ago,  I  suppose 
"lit  ot  the  necessity  of  having  one  man  connected  with  the  contract  who  was 
linancially  responsible. 

By  the  CHAIRMAN: 

That  man,  of  course,  was  required  to  give  the  bond  ?— A.  Yes,  sir ;  both  parties  were 

bond  to  execute  the  contract,  but  one  of  them,  according  to  the  regulations 

xisted,  need  not  go  into  the  field.    I  never  approved  any  contracts  unless  the  par- 

..!  appeared  in  it,  during  the  time  I  was  Commissioner  of  the  Land-Office;  that  is   I 

knowingly  approved  any  such. 

By  Mr.  REED  : 

Q,    I  M«!  it  make  any  difference  as  to  the  validity  of  the  contract  or  the  interest  of  the  Gov- 
nt  whether  both  those  names  appeared  in  that  contract  .'—A.  No.  sir  ;  the  Government 
could  only  look  to  the  man  who  appeared  ;  the  Government  would  have  nothing  to  do  at  all 
•ith  the  outside   party.      IV  instance,  you  spoke  of  a  contra,  -t  with  John   I  Mum.  an. 

••lid  :  n. .w.  so  tar  as  that  contract  was  concerned,  the  Land-Office  could  01 
as  a  contract  with  Mr.  Hammond,  and  pay  Mr.  Hammond,  and  thev  would  have  nothinff  to 

•:i  John  Delano. 

Q.  Did  the  Government  suffer  any  wrong  by  means  of  John  Delano's  name  not  getting 
tt  contract  '—A.  If  the  work  was  executed  correctly  there  was  no  loss  to  tin 

Q'  (  "'ill  to  mind  the  fact  which  existed  in  your  Department,  that  Mr.  Medarv 

WM  F  <i<-t  in  partnership  with  one  of  the  Downers  in  June.  1-7:5,  by  Dr.  Latham 

-sor  '—A.   1  have  no  recollection  of  it.     1  have  no  doubt  but  that  appears  on  the' 

ot  the  Land-Oftice,  but  when  you  come  to  call  upon  me  for  my  recollection,  I  have  no 

of  these  different  contracts.    There  were  hundreds  anil   hundreds  of  them  let 

unl  of  course  I,  baring  supervision  of  the  work  with  ,!,]  not  look 

tails  and  charge  my  mind  with  them.     I    could  only  lay  down  general  regula- 

.vhich  governed   the  cleiks.  and  required  tin-in  towo;kupto  those  regulations.     If 

:  aeletk  not  so  d.^in-  i  him.     I  have  no  particular  recollection  of  that  con- 

if  it  was  let  early  in  1-7:5  it  must  have  been  le:  He  was  sur- 

;  il  in  the  spring,  up  to  July  or  August ;  I  do  not  rememl,.-r  which. 

Q.   1  mo   wrote  a  letter  which  was  receiv,  MaVf 

874,  stilting  that  he  could  not  reach  there,  and  requested  me  to  use  another  name  in  the 
his  stead,  you   know.  1  suppo.se,  that  1  could  not  do  that  under  the  regulation* 
"f''r|-  '  —  A.  vim  could  not  do  that,  because  th--  man   had  to  be  there  t» 

i  In-  oath. 
'.'     I:    I    iil  not  do  that,  and  Hammond   was  permitted  to  go  on  with  his  contract  in  the 

1    \v 


50  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

field,  and  survey,  and  return,  and  hand  over  to  Mr.  Delano  half  of  the  profit  of  the  contract, 
half  of  which  was  his  (Hammond's)  and  half  Mr.  Delano's,  and  he  did  hand  over  such 
half,  who  was  harmed  in  that  transaction  ?— A.  I  should  say  Hammond  was  the  only  man 
who  was  harmed. 

Q.  If  he  did  it  voluntarily,  how  would  it  be  then  ? — A.  It  was  simply  a  diminution  of  the 
profit  from  his  contract.  It  was  not  anything  that  the  Government  suffered  if  he  executed 
the  work  according  to  the  contract,  but  if  he  paid  John  Delano  one-half  of  the  profit,  of 

urse  his  profits  were  diminished  to  that  extent. 

Q.  Do  you  esteem  that  a  hardship  to  an  old  deputy  of  several  years  standing,  especially 
if  he  did  it  voluntarily? — A.  My  idea  about  a  contract  is  that  all  the  parties  ought  to  be 
connected  with  its  execution  ;  but  if  I  voluntarily  enter  into  an  arrangement  with  a  man  to 
advance  money  toward  an  outfit,  and  I  am  to  account  to  him  for  a  part  of  the  proceeds,  or  to 
pay  him  an  enormous  rate  of  interest,  that  that  is  a  transaction  between  ourselves.  I 
have  been  informed  that  deputies  sometimes  paid  three  and  four  per  cent,  a  month  for 
interest  out  in  the  Western  States,  and  that  they  sometimes  gave  the  party  to  advance  money 
a  certain  proportion  of  the  proceeds,  but  those  are  things  that  I  knew  nothing  about.  I  do 
not  consider  that  connected  at  all  with  the  contract  with  the  Government.  The  only  con- 
tract that  the  Government  knows  is  with  the  party  who  appears  on  the  papers. 

Q.  But  if  old  deputies,  long  in  the  field,  who  had  made  it  a  business  for  several  years, 
and  profited  by  it,  saw  fit  to  take  an  outside  man  in  with  them,  and  did  so  voluntarily, 
dividing  with  such  man  some  of  their  profits  on  a  certain  occasion,  is  the  surveyor-general 
to  be  censured  for  not  interfering  ?— A.  If  the  surveyor-general  is  not  a  party  to  it,  he  is 
not  liable  to  censure,  because  that  is  a  matter  of  private  transaction  between  individuals, 
that  he  is  not  presumed  to  know  anything  about. 

Q.  Would  he  be  considered  a  party  unless  he  exacted  it  and  made  a  compulsory  matter 
of  it  'f — A.  No,  sir  ;  unless  he  exacted  it  of  his  deputy,  he  could  not  be  considered  a  party 
to  it.  As  I  have  said  before,  if  after  this  transaction  grew  up  in  this  way,  you  held  the 
contract  for  the  purpose  of  having  it  executed  by  John  Delano,  as  long  as  you  could,  and 
then  returned  it  to  the  Land-Office  for  approval ;  after  that  all  you  had  to  do  was  to  treat  Mr. 
Hammond  as  the  contractor,  and  if  you  did  not  interfere  and  dictate  a  division  of  the  spoils, 
I  should  not  hold  you  at  all  censurable. 

Q.  If  Mr.  Hammond,  on  leaving  for  the  field,  drew  on  Mr.  Delano  for  his  quota  of  money 
necessary  to  be  advanced  to  go  to  the  field,  that  would  make  the  case  between  them  still 
stronger,  would  it  not  ? — A.  Yes,  sir ;  of  course,  as  between  them,  that  would  create  an 
equity  which  Mr.  Hammond  could  respect  if  he  saw  proper. 

By  the  CHAIRMAN  : 

Q.  What  are  the  prices  for  surveying  township  division-lines  ? — A.  They  vary  in  differ- 
ent Territories  and  different  States. 

Q.  What  was  the  maximum  in  Wyoming,  if  you  remember  ? — A.  I  think  it  was  about 
$10  a  mile. 

Q.  And  it  ran  down  about  how  low  ? — A.  I  do  not  remember  whether  it  was  $7  or  $3  ;  it 
depends  altogether  on  the  nature  of  the  country. 

Q.  I  know  that  prices  vary  in  different  Territories,  but  was  not  $10  the  maximum  for 
division-lines  in  Wyoming  ? — A.  I  do  not  remember  that. 

Q.  Taking  it  for  granted  that  $10  was  the  maximum,  did  you  approve  all  contracts  for  the  . 
maximum  price  where  there  were  different  prices  for  division-lines  of  townships  f — A.  I  had 
to  leave  that  to  the  discretion  of  the  surveyor-general.     I  could  not  tell  anything  about  the 
ground  that  was  to  be  surveyed. 

Q.  The  surveyor-general  could  let  the  contract  at  the  best  price  he  could  have  the  work 
.done  for  the  best  interests  of  the  Government,  and  that  was  his  duty,  was  it  not?— A.  Yes, 
sir  ;  it  was  for  him  to  determine  what  the  prices  should  be. 

Q.  Suppose  that  Mr.  Hammond  had  agreed  to  survey  these  division-lines  for  $7  a  mile, 
provided  he  was  to  receive  all  profits  or  all  the  money  on  the  contract,  and  that  Dr.  Reed 

5ave  him  the  contract  at  $10  per  mile,  provided  he  would  divide  equally  all  profits  with 
ohn  Delano,  was  anybody  hurt  by  that  transaction? — A.  Yes,  sir;  the  Government  would 
be  hurt  by  it  to  the  extent  of  $3  per  mile. 

Q.  If  Mr.  John  Delano  could  realize  $1,400  profit  out  of  one  contract,  it  is  very  likely 
that  Mr.  Hammond  could  have  surveyed  that  contract,  had  he  been  permitted  to  retain  all 
of  the  profits  himself,  for  a  lower  sum  than  $10  a  mile,  is  it  not  ?— A.  It  would  be  very  diffi- 
cult to  determine,  in  advance,  in  a  country  like  that,  exactly  what  a  man  could  do.  They 
have  to  take  surveys  somewhat  on  speculation ;  a  man  sometimes  goes  out,  and,  taking  a 
series  of  townships,  makes  a  very  fine  profit.  Then,  again,  the  same  man  will  go  out  and 
take  a  contract  at  the  same  amount  and  either  lose  money  or  make  very  slight  profit,  owing 
to  the  variation  of  the  ground,  the  gulches,  inequalities,  &-c.  Hence  the  contract  is  gen- 
erally let  with  a  view  to  close  drawbacks.  If  a  man  happens  to  get  smooth  ground,  he 
makes  a  very  fine  profit  out  of  the  contract ;  if  he  happens  to  get  rough  ground  he  some- 
times loses,  or  perhaps  just  clears  himself.  I  have  known  deputies  who  have  made  nothing 
during  a  whole  season's  work,  and  others  on  a  contract  of  the  same  size  would  make  a  very 
fine  profit,  striking  a  smooth  piece  of  ground. 


GOVERNMENT    SURVEYS    IN     \\  Y<>MIN<;     1  KK'RITORY.  51 

Q.  ">  \\ing  at  tho  time  contracts  are  sent  you  for  approval  what 

the  condition  of  tin-  land  is? — A.  No,  sir ;  an«l  it  is    hunlly  ov««r  known   at  tin-  surveyor- 

geueral's  office.     It  tlm  surveyor-general  happens  to  travel  over  a  piece  of  land,  he  knows 

y  these  surveys  are  made  at  remote  distances  from  the  office,  and  in 

fields  which  have  nut  t>een  fully  explored. 

Q.  Do  you  know  whether  it  was  customary  in  all  the  Territories  for  surveyors-general  to 

•he  maximum  price  ?— A.  Yes.  sir;  they  generally  did  it. 

I'l  i  I'.     I  !..:••  ||   no  other  price  :  there  is   only  one  price  stated  for  each  kind  of  work. 
In;  i  \i\i'>M>.   I  will  state  that  it  was  the  general  practice  of  survey*. rs  to  let  contracts 

'1  by  Congress. 

M     i  :  ben  \*  but  one  price  stated  by  Congress  f  r  each  kind  of  work. 

Mr.  I)KI  M  MI  ix  ii.  I  can  see  how  Mr.  Mutchler  gets  the  idea  of  maximum  price.    The  acts 
ling  |10  per  mile,  so  that  there  may  be  a  lower  price  at  the  discre- 
urveyor-general. 

(  ii  \IKM  \\.  And  also  at  the  discretion  of  the  contractor.    If  he  goes  into  the  office 
iyi  he  will  make  a  contract  to  survey  at  $5  a  mile,  it  is  the  <lutyof  the  surveyor-general 
:m  a  contract  at  that  rate. 

I  M;I  \'\i  ,\i»     |  hat  couhl  be  done  if  you  could  get  honest  and  responsible  men  to  do 

low  rate.  Inn  sometimes   these  parties  would    bid    low    for  the  purpose  of  executing 

work  imperfectly  in  the  field,  ana  the  lower  rate  would  not  therefore  pay.     That  prac- 

'••1. 

Tin*  CIIUKM  \x.  It  is  only  reasonable  to  suppose  that  Hammond  would  have  executed 

U  than  slo  u  mile,  when  we  know  that  he  agreed  to  divide  the  profits  equally 

-.  a  man  whom  he  never  saw  and  with  whom  of  course  he  never  conversed, 

(h  whom  the  arrangement  was  made  simply  at  the  suggestion  of  the  surveyor-general. 

IM:I  \i\MMi.   I  suppose  that  if  he  had  got  all  the  profits  he  could  have  affotded  to 

take  it  at  a  little  U*s  .sum  of  course. 

By  Mr.  REED: 

Q.  Can  you  tigure  to  your  mind  what  state  of  things  would  be  produced  in  the  depart- 
ment of  the  surveyor-general  if  he  attempted  to  give  a  portion  of  his  deputy's  work  at  $10 
a  mile,  and  another  portion  of  work  at  $7  a  mile  f— A.  It  could  not  be  done  unless  there  was 
,  well-defined  distim-ti  >n  between  the  tracts  of  country  that  were  to  be   surveyed. 
\ou   were  letting  a  man  a  plain   known  to  be  a  plain,  and  letting  at   the 
:ime  to  another  man  a  tract  of  country  known  to  be  mountainous  and  full  of  gulches, 
then-  you  could  draw  a  distinction,  but, as  I  have  heretofore  stated  to  the  chairman,  these 
-  are  not  generally  known  in  advance.     It  is  only  after  survey  that  the  character  of  the 
y  is  determined,  and  consequently  in  letting  contracts  you  have  to  let  them  all  alike. 
p..   you   >uppns.'  that  a  surveyor-general  could  get  along  without  a  mutiny  among 
his  deputies  if  lie  gave  contracts  at  one  price  to  one  and  at  another  price  to  another? — A. 
No,  sir;  not  unless  there  were  well-defined  distinctions  in  the  character  of  the  country.   For 
;i  Oregon  that    is  done.    Take  a  heavily-timbered  district,  and  there  they  get  a 
rate  per  mile.    Take  a  prairie  or  plain,  there  they  get  a  lower  rate,  but  it  is  equally 
Mble  and  creates    no  difficulty,  because  one  man  makes  as  much  money  as  another, 
and  in  tact  more,  because  the  man  who  works  on  the  plain,  although  he  has  a  lower  rate, 
has  a  better  contract. 

k,  in  which  Mr.  Delano  was  interested,  was  400  miles  by  railroad  away 

from    my  oth'ce.  a*  I  can  show  that  it   is,  was  it  the  duty  of  the  surveyor-general  to  go  out 

hunt  over  that  ground,  and  pick  out  the  best  of  it,  and  put  it  at  $7  a  mile?— A.  No, 

sir;  it  was  your  duty  to  let  the  contract  according  to  the  law,  and  let  the  deputies  run  their 

'68. 

1  >o  you  know  of  a  single  contract  ever  coming  to  the  Department  from  those  Ter- 
than  is  stated  in   the  law  ?— A.  No,  sir;  1  do  not  know  of  one,  nor 
member  one.     As  I  have  stated  heretofore,  it  is  the  uniform  practice  of  the  surveyor- 
ral  to  let  the  contract  at  the  price  fixed  by  Congress. 

ie  (II  \IKM  VN  : 

is,  you  mean  by  that,  at  the  maximum  price  fixed  by  Congress?— A.  Yes,  sir; 

at  the  maximum  price.     I    have  stated  heretofore   that  the  Government  did  not  lose  any- 

iiy  the  operation  of  this  special  contract  in  question,  for  the  reason  that  the  contract 

would  have  bei-n  let  at  the  same  price  in  any  event  to  somebody  else. 

Mr.  REKD.  Ye4;  I  esteemed  it  nobody's  business,  and  it  was  not  anybody's  business. 

i.  ( 'ii  \IKM\N  [to  Mr.  Drummond  :] 

I  >o  you  eonsider  that  it  is  an  honest  transaction  for  the  surveyor-general  of  a  Territory 
t  contract  to  a  person  who  gives  no  Lund,  signs  no  contract,  takes  no  oath,  who  does 
Dto  tho  Territorv,  and  who  never  saw  the  ground  which  he  was  to  survey, 
r  that  he  may  participate  in  tin- profits,  without  ever  rendering 
I   have  stated  "that   I  would  not  have  approved  any  such  : 
action  as  that,  and  would  not  approve  it  now. 


52  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  Is  it  not  in  your  judgment  a  violation  of  the  law  ? — A.  It  is  a  violation  of  the  spirit  of 
the  law,  undoubtedly,  or  rather  of  the  letter  of  the  law,  if  not  of  the  spirit. 

Q.  It  is  not  an  honest  transaction,  is  it  ?— A.  I  should  not  say  that  it  was  a  correct  trans- 
action to  farm  out  a  contract  for  the  benefit  of  a  party  who  was  not  connected  with  it. 

Q.  If  Mr.  Hammond  or  any  other  practical  surveyor  was  willing  to  accept  a  contract,  with 
the  understanding-  that  he  was  to  divide  one-half  of  the  profits  with  a  man  who  had  ren- 
dered him  no  service  and  could  render  him  no  service,  and  take  none  of  the  responsibilities 
connected  with  the  contract,  is  it  not  altogether  likely  that  Mr.  Hammond  would  have  sur- 
veyed that  ground  at  a  lower  rate  than  the  maximum  fixed  by  law '? — A.  That  may  be  so. 

Q.  And  if  he  would  have  done  so,  then  the  money  that  the  silent  partner  received  was 
money  taken  out  of  the  United  States  Treasury,  to  which  he  and  no  other  person  had  any 
right.  Is  not  that  the  fact  ? — A.  If  an  arrangement  was  made  by  which  one  man  was  to 
take  a  contract  in  his  name  and  execute  it  for  the  benefit  of  another  who  did  not  participate 
in  it,  or  furnish  anything  or  connect  himself  with  it,  then  I  would  say  that  the  Government 
might  suffer,  and  that  it  was  an  improper  transaction  ;  but,  coming  back  to  the  doctor's 
question  as  he  presented  it  to  me,  according  to  my  understanding,  his  arrangement  was  that 
John  Delano  should  go  into  this  contract  and  execute  it ;  and  that  he  entered  into  the  ar- 
rangement with  Mr.  Hammond  on  that  basis  and  on  no  other.  That  is  the  reason  I  answered 
the  question  as  I  did.  But  if  Mr.  Reed  had  entered  into  an  arrangement  by  which  he  was  to 
let  a  contract  to  Hammond  for  John  Delano's  benefit,  with  the  understanding  that  John 
Delano  was  never  to  come  to  the  Territory,  never  to  execute  the  contract,  or  participate  in  it 
in  any  way,  then  I  would  say  that  that  was  an  improper  transaction. 

Q.  And  that  the  Government  would  suffer  for  it,  would  it  not  ?— A.  Yes,  sir  ;  but  that  is 
not  the  transaction  I  understood  from  Dr.  Reed's  question.  As  I  understood  him,  he  ar- 
ranged to  let  this  contract  to  John  Delano  and  Hammond,  and  they  were  both  to  unite  in  it 
and  participate  in  its  execution. 

Mr.  REED.  Yes  ;  but  I  explained  to  you  that  after  waiting  for  some  weeks  for  him  to  get 
there,  he  did  not  come ;  that  Hammond  could  not  stay  longer  at  Cheyenne  with  his  hands 
hired  ;  that  he  was  obliged  to  go  ;  that  he  drew  on  John  Delano  for  money,  and  that  Mr. 
Delano  participated  to  the  extent  to  which  he  asked  him  for  such  money. 

The  WITNESS.  I  answered  you  by  saying,  in  that  transaction  you  acted  correctly  in  send- 
ing that  contract  to  the  Government  for  approval,  and  that  after  that  you  had  nothing  to 
do  except  to  recognize  it  as  a  contract  with  Hammond,  and  if  you  did  not  dictate  a  division 
of  the  spoils  with  John  Delano,  there  was  no  impropriety  about  it. 

Mr.  REED.  That  has  not  been  shown  and  cannot  be  shown ;  but  let  me  understand  one 
point  more.  You  have  been  asked  if  it  was  not  a  dishonest  transaction  to  let  any  other 
deputy  come  in  ar/d  take  a  portion 

A.  [Interrupting.]  No,  sir  ;  I  do  not  understand  that  I  have  been  asked  that.  The  ques- 
tion was  this :  that  if  you  had  made  an  arrangement  to  let  the  contract  to  Hammond,  for 
instance,  with  the  secret  understanding  that  John  Delano  or  any  other  man  who  did  not  re- 
side in  the  Territory,  but  who  resided  perhaps  a  thousand  miles  away,  was  to  participate  in 
the  profits  without  appearing  in  connection  with  the  contract,  or  executing  it,  or  doing  any- 
thing about  it,  if  it  was  not  a  dishonest  transaction  ?  My  reply  was  that  I  would  consider 
that  an  incorrect  transaction,  and  it  would  not  be  proper  to  do  it. 

Mr.  REED.  Is  that  a  parallel  case  with  anything  in  hand  ? 

Mr.  DRUMIMOND.  That  is  a  case  which  Mr.  Mutchler  puts  to  me  as  a  case  made  up  in  his 
own  mind. 

The  CHAIRMAN.  The  evidence  makes  such  a  case. 

By  Mr.  REED  : 

Q.  Mr.  Hammond  drawing  on  Delano  for  money  before  he  went  to  the  field,  and  receiv- 
ing all  the  money  that  he  requested  from  Mr.  Delano,  would  that  iiot  affect  or  change  the 
case  in  your  opinion  ? 

Mr.  DRUMMOND.  As  I  have  said,  that  created  an  equity  between  John  Delano  and  Mr. 
Hammond  as  individuals  outside  of  the  Government.  That  is  a  matter  for  adjustment  be- 
tween them,  and  with  which  you  as  surveyor-general  had  nothing  to  do. 

By  Mr.  REED  : 

Q.  If  I  made  no  interference  in  the  matter,  it  was  proper  for  Mr.  Hammond  to  carry  out 
his  voluntary  arrangement  with  Mr  Delano,  was  it  not  ?— A.  Yes,  sir ;  it  was  proper  for 
him  to  do  so,  if  he  wanted  to  do  so,  or  proper  for  him  to  repudiate  it  if  he  desired. 

By  the  CHAIRMAN  : 

Q.  That  is,  if  Mr.  Hammond  ever  had  a  voluntary  arrangement  with  Mr.  Delano  ? 
Mr.  DRUMMOND.  Yes ;  but  that  I  do  not  know  anything  about. 
Mr.  REED.  It  has  not  been  shown  to  the  contrary. 

The  CHAIRMAN.  As  I  understand  it,  it  has  been  shown  that  Delano  and  Hammond  never 
had  any  communication,  and  never  met. 


<.(>VKk.\MK.\T    SURVEYS    IN    \VVo.M  l.\(;     TKKRITORY.  53 

•  •MIA  .1.   l»\i.i    |  lMd  examined. 

II\   M:.  Ki 

what  tliat  book  is,  [  handing  book  to  witness.  ]— A.  That  is  a  manual  of  survey- 
i«R  i"  prepared  under  tin-  act  of  Congress  to  reduce  the  expenses  of  the  survey 

tl»-  public  lamls  of  tin-  Tinted  States,  which  was  passed  May  30.  ]-• 
aet  validated  the  DMUiUAl  of  surveying  instructions   issued   by  the  General  Land -Office  as 

•••(Miring  that  each  contract  entered  into  by  the  surveyor-general  should  be  based 
upon  the  r.  ti  in  tln>  manual  of  surveying  Instructions,  ami  make  a  part  of  the 

contra.  irtics  to  perform  tln«  duties  as  required  in  the  manual  of  surveying  instruc- 

tions. 

I*y  tin-  CM  \IHM\X  : 

A.  I  inn  now    tilling  the  position  of  principal  clerk 
M  tin-  Interior  Department 
«,'.    ll«>\v  l«>ng  have  you  held  that  position  .'—A.  About  fourteen  year-. 

\Vlmt  are  your  duties   as  principal  clerk  of  surveys  '--A.  TI'I  instruct  surveyers-gen- 

:.dcr  the  laws  passed  by  Congress  for  the  surveying  of  public  lands.    .  nns  of 

unine  the  contracts  entered  into  by  surveyors-general  with  their  deputies. 

:he  w.u-k  is  returned  to  the  surveyor-general  and  approved  by  him,  that  work  is  sent 

•  :al  Land-Office,  and  my   duty    is  to  examine    whether  it  is   well  pi-rformed 
cordtince  with  the  laws    and  with  the  instructions  of  the  Commissioner  of  the  General  Land- 
Office  as  contained  in  that  manual ;  also  to  attend  to  the  liquidation  of  the  payment  of  the 
accounts  of  the  deputy  surveyors  who  perform  their  work.     The  Commissioner  of  the  Gen- 
eral Land-Office  certifies  to  the  First  Comptroller  of  the  Treasury  all  those  accounts. 

By  Mr.  K'i 

i  >oes  this  printed  manual  of  surveyors'  instructions  set  forth  a  complete  system  of  in- 
"ii<  tu  the  deputy  surveyors  as  well  as  to  the  surveyors-genera!  ^ir  :   up  to 

-in  period.  It  was  prepared  and  continued  in  force  until  May  :!<',  1-V»-J,  when  ad- 
ditional instructions,  under  date  of  June  1,  1864,  were  issued  under  new  additional  laws 
which  were  not  provided  for  in  the  original  manual  of  surveying  instructions. 

Are  those  contained  in  your  supplement  /—A.  Not  everything.     The  old  instrin 
did  not  provide  for  such  requirements  ils  the  subsequent  laws  passed* by  Congress.    Then 
lanual  of  surveying  instructions  was  issued  in  1H5-I.     The  provisions  therein  are   dif- 
:latingall  duties   under  the  new  law;    The  Commissioner  of  the  General   ! 
required  to  approve  each  contract,  which  bad  not  been  the  case  heretofore, 
into  contracts,  but  they  had  to  send  them  to  the  Commissioner 

tor  him  to  approve  or  reject.     It  provided  also  that  one  deputy  might  get  a  contract,  or 
two  deputies  join  in  a  eon  tract.     One  might  survey  and  the  other  might  not ;   the  om*  sur- 
veying :«»  the  field-notes.    There  is  another  provision  that  joint  contractors,  both 
going  to  the  field  and  both  surveying,  shall  swear  to  the  parts  of  the  work  which  each  have 
med,  swearing  that  they  have  performed  such  work  in  accordance  with  the  instruc- 
tions contained  in  their  contract.    There  is  also  another  provision  that  in  the  joint  con- 
•ne  may  be  a  moneyed  man  and  advance  the  money  merely  ;  the  other  to  execute  th,> 
in  the  field.     Whoever  executes  the  work   has  to  make  affidavit  to  the  field- 
survey,  which  he  returns  to  the  survey  or- genera  I,  that  he  lias  performed  the  work 
in  accordance  with  the  contract.     That  ig  the  addition  which  did  not  exist  in  the  origi- 
nal manual  of  surveying  instructions. 

Q.  If  two  deputies  go  into  the  field  under  u  contract,  and  both  survey,  it  is  understood 
and  expected  that  each  of   those  deputies  will  have  a  separate  company  of  men   and  a 
rate  compass  I— A.  Yes,  sir;  and  each  man  must  make  affidavit  to  his  own  work. 

1 'you  to  say  that  this  printed  manual  of  instructions  to  deputy  su; 

ors  contains  a  complete  system  of  instructions  to  the  deputy  surveyor  as  to  how  he  shall 
do  everything  in  regard  to  his  work? — A.  Exactly — as  to  "how  he'  is  to  measmv.  how  he 
IB  to  run  the  lines;  how  he  has  got  to  mark  the  corners.  It  is  all  prescribed,  not  at 
random,  jumping  here  and  there,  but  the  form  which  he  is  to  follow  is  distinctly  pointed 
out. 

In  his  oath  to  the  contract  the  deputy  is  require-!  to  sw.-.-n  that  he  will  follow  all  in- 
structions contained  i:i  this  manual  of  surveying,  is  he  not  '—A.  Yes.  sir :  befoiv  he  gete 
a  contract  he  |IHs  to  make  affidavit  that  he  will  perform  the  duties  in  accordance  with  the 
law  and  instructions;  and  then,  when  he  returns  his  work.  h>  \e?r,  as  the 

law   r.  r  he   |,a-   perform-d   tho-se  dull.-  ;  un-e  with   the  law  an-1  instruc- 

ue  two  aHidav its  needed— the  first  one  !.,•  :icld. 

Hen   he  returns,  swearing  that  those  are  the  original  tiel-i  :   that  they 

•ii  the  manual  <  uid  special  in- 

>ns,  if  any,  tr-un  the  surveyor-general.     Hut  those  instructions  of  the  surveyor-gen- 
:"ist  be  in  accordance  writh  the  law.    The sarTejor-general  0*0  'nona 

which  are  not  legal. 

Q.    v  is   surveyor-general    in  Wyoming    I  i-n.-  1    Mtrlj  OM   bu  :  JicU. 

All  those  contract-,   came   t..   tli--  Genert]    Land-Office,   did   they    n.it  '—A.    Yes,    - 


54  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

one  of  them  had  to  come  to  the  General  Land-Office,  or  it  was  no  contract.  It  is  not 
binding-  unless  the  Commissioner  of  the  General  Land-Office  approves  what  the  surveyor- 
general  of  the  Territory  does. 

Q.  Were  those  contracts  of  mine  all  approved  ? — A.  All  were  approved  ;  there  were  about 
eighty -six  or  eighty-seven  of  them  ;  some  of  them  were  made  by  your  successor  in  1873,  I 
believe.  Some  seven  or  eight  contracts  were  made  by  Dr.  Latham,  who  was  appointed  in 
your  place.  The  majority  of  the  contracts,  however,  were  entered  into  by  you  and  submitted 
to  the  Commissioner  of  the  General  Land-Office ;  they  were  examined  by  myself  and  assist- 
ants to  see  whether  they  were  within  the  means  appropriated  for  a  particular  surveying-dis- 
trict; whether  they  were  in  accordance  with  the  per-mileage  that  was  allowed,  and  whether 
they  were  in  all  other  respects  in  accordance  with  law.  The  Commissioner  then  approved 
the  contracts. 

Q.  You  and  your  clerks  are  very  familiar,  of  course,  with  all  the  contracts  I  made  in  Wy- 
oming. State  as  to  the  character  of  the  work  returned  to  you  under  those  contracts,  the 
field-notes,  plats,  &c.  — A.  Your  surveys  in  Wyoming  Territory,  which  was  organized  in 
1870,  you  being  yourself  an  old  surveyor,  favorably  known,  were  very  satisfactory.  We  had 
no  difficulty  whatever  with  the  contracts  under  you ;  everything  was  done  in  nice  style, 
returns  made,  protracted  in  excellent  taste,  and  very  few  irregularities  discovered,  those  be- 
ing clerical  errors  easily  remedied.  That  was  so,  with  the  exception  of  one  case,  which  was 
the  case  of  Poland  and  another  man  named  Cayton. 

Mr.  REED.  That  was  not  my  contract. 

The  WITNESS.  No  ;  that  was  not  yours.  It  was  your  successor's,  Dr.  Latham's ;  it  was 
brought  to  light  by  you  that  they  were  deficient  in  some  respects. 

Q.  It  was  improperly  surveyed  ?— A.  Yes,  sir ;  that  is,  the  mounds  and  posts  were  not  of 
the  proper  size.  You  went  to  the  field  yourself  to  correct  that,  and  the  Government  after- 
wards paid  for  it.  You  yourself  have  always  manifested  good  judgment  in  the  selection 
of  your  deputies,  (in  my  estimation,  and  we  have  never  found  anything  objectionable. 

Q.  Could  you  judge  from  the  accuracy  and  character  of  the  field -notes  and  plats  of  the 
surveys,  whether  I  had  a  competent  set  of  deputies  ? — A.  Yes,  sir  ;  we  never  found  any  trou- 
ble as  we  did  in  other  districts.  All  the  records  passed  under  my  supervision  before  the  Com- 
missioner signed  any  letters  or  gave  instructions.  No  objection  was  raised  to  your  work, 
and  nothing  was  found  that  was  either  fraudulent  or  irregular. 

Q.  Or  incorrect  ? — A.  Or  incorrect ;  in  all  cases  where  you  doubted  whether  you  could 
approve  the  surveys,  or  doubted  as  to  the  proper  way  of  carrying  on  surveying,  you  have  ap- 
plied to  the  Commissioner  of  the  General  Land-Office,  and  he  has  given  you  the  proper  in- 
structions for  the  performance  of  the  business. 

Q.  Do  you  remember  in  the  case  of  the  first  or  second  contract  I  gave  out  in  Wyoming  to 
an  old,  experienced  deputy,  that  I  had  a  year  or  two  of  trouble  in  correcting  it  ?— A.  That 
was  the  case  of  Cook.  I  recollect  that  you  sought  instructions  from  the  office. 

Q.  I  sought  instructions  frequently,  did  I  not,  in  this  case  ? — A.  Yes,  sir  ;  he  was  survey- 
ing in  the  western  part  of  your  district. 

Q.  Do  you  know  T.  B.  Medary,  deputy  surveyor  ? — A.  Yes,  sir  ;  he  was  deputy  surveyor 
in  Wyoming.  He  had  contracts  there  in  1873,  '4,  or  '5. 

Q.  Have  you  ever  seen  him  ? — A.  Yes,  sir ;  I  saw  him  when  he  made  returns.  He  was 
deputy  surveyor,  also,  in  Dakota  Territory.  He  had  a  contract  for  surveying  Jhe  Indian 
reservation.  The  contract  was  entered  into  by  the  Commissioner  of  the  General  Land- 
Office  for  Indian  surveys,  by  direction  of  the  Secretary  of  the  Interior.  He  made  returns  in 
person  to  the  office.  We  had  to  examine  those  surveys  ourselves,  and  the  Commissioner 
approved  them,  and  not  the  surveyor-general,  for  the  reason  that  they  were  Indian  surveys. 

Q.  WThat  is  your  belief  as  to  his  fitness  or  competency  as  a  deputy  surveyor,  judging 
from  his  work  and  from  your  personal  observation  ? — A.  I  was  not  sufficiently  familiar  with 
him  to  judge.  He  was  quite  an  intelligent  man.  I  do  not  know  what  his  mathematical 
attainments  were,  or  his  education,  but  he  looks  a  man  of  intelligence  and  education,  and 
made  a  very  good  survey. 

Q.  Did  you  have  any  occasion  to  find  fault  with  his  surveys  in  the  matter  of  the  contract 
that  I  gave  him  ? — A.  No  ;  I  forget  now  whether  you  entered  into  a  contract  with  him  or  Mr. 
Latham. 

Q.  Do  you tknow  Fowler  and  Farringer  as  surveyors  ? — A.  Yes,  sir  ;  Farringer  is  an  old 
surveyor,  who  has  been  in  Colorado  Territory,  surveying,  probably  for  five  or  six  years.  He 
had  several  contracts.  He  had  a  joint  contract  one  time  with  Fowler.  He  also  had  a  con- 
tract with  you.  Fowler  and  Farringer  had  contracts  in  Wyoming. 

Q.  Look  over  your  record  and  state  if  you  observe  a  contract  from  me  to  Fowler  and  Fer- 
ringerin  the  summer  of  1874. — A.  I  find  that  he  had  a  contract  with  you  July  24,  1874. 

Q.  What  was  the  liability  ?— A.  $4,200. 

Q.  Under  what  appropriation  was  that? — A.  Under  an  appropriation  of  $40,000,  act  of 
Congress  June  23,  1874,  for  surveys  in  Wyoming. 

Q.  Both  their  names  were  in  the  contract,  which  was  a  mutual  contract,  was  it  not  ?— A. 
Yes,  sir  ;  it  was  a  joint  contract. 

Q.  Have  you  any  recollection  of  the  character  of  their  work  as  returned  to  your  office  ?- 
A.  It  passed  without  any  difficulty,  but  I  could  not  say  whether  they  did  any  better  thai 
anybody  else. 


GOVERNMENT    SURVKYS    IX    WYOMING   TERRITORY.  55 


By 

Q.  Is  that  the  only  i-.mtnu-t  Karringer  lnul  in  Wyoming?  —  A.  Yes,  sir.  He  had  two  in 
Colorado,  the  next  surveying-district. 

By  Dr.  RKI  i> 

Q.  Do  you  find  a  contract  among  your  records  made  to  Medary  and  Downey  in  June,  1873  t 
And  if  so,  state  by  whom  that  was  made  with  them.—  A.  I  recollect  that  was  by  Latham, 
under  mi  appropriation  of  $50,000,  act  of  March  :'.,  I  -7:'..  The  amount  was  $4,300.  It  was 
under  date  of.  June  IT.  I-::?.  The  number  of  the  contract  is  49. 

M.  To  whom  was  contract  No.  :.n  -riven  that  season  ?—  A.  Contract  No.  50,  under  the  same 
appropriation,  was  given  to  M.  N.  Grant. 
•  is  the  amount  .'—A.  $4,800. 


(t».  Who  was  that  given  by  ?— A.  By  Dr.  Latham. 


You  have  stated  that  the  Commissioner  approves  all  the  contracts?  —  A.  Yes,  sir;  or 
the  Acting  Commissioner,  under  the  law. 

«,'.  Do  you  know  of  any  law  or  departmental  regulation  that  prohibits  the  surveyor-gen- 
eral from  giving  a  contract  for  surveying  to  his  own  nephew  ?  —  A.  No  ;  there  is  no  law,  but 
there  was  a  circular  issued  by  the  Commissioner  of  the  General  Land-Office  in  1867,  1  think, 
prohibiting  survey  or-  generals  from  entering  into  contracts  with  their  immediate  relatives. 

Q.  Do  you  mean  sons  or  brothers  ?—  A.  Sons,  and  persons  in  the  same  family.  That  was 
on  the  principle  that  the  surveyor-general  might  be  biased  in  approving  the  work  of  his  son, 
while  he  would  not  be  likely  to  be  biased  if  a  stranger  had  a  contract.  There  is,  however, 
no  law  on  the  subject.  It  is  merely  for  the  good  of  the  service.  • 

Q.  Is  there  any  regulation  prohibiting  the  employing  of  a  nephew  ?—  A.  No,  sir  ;  we  have 
i-oiiir  across  such  a  case.  There  was  a  case  of  a  brother  of  a  surveyor-general  in 


Colorado,  but  the  contract  was  not  approved  by  the  Commissioner. 

M.  1>  that,  according  to  your  recollection,  as  far  as  the  regulation  went?  —  A.  Yes,  sir;  it 
referred  to  immediate  relatives. 

Q.  Do  you  remember  Charles  J.  Reed  as  having  been  a  chief  clerk  for  some  years  in  my 
office  ?  —  A.  Yes,  sir. 

<,».  D.I  yon  remember  of  his  surveying  for  my  office?  —  A.  Yes,  sir;  you  gave  him  a  con- 
tract tor  th.  survey  of  public  lands  ;  one  or  two  or  three  contracts,  I  think. 

M.  That  is  in  late  years  .'—A.  Yes,  sir. 

!  '"  yon  recollect  as  to  the  character  of  work  that  he  performed  ?—  A.  It  was  unobjec- 
tionable. '  No  difficulty  was  found  in  his  returns.  In  fact,  surveys  in  Wyoming  were  un- 
exceptionable, because  the  distiict  was  organized  at  a  later  period. 

Q.  By  whom  .'—A.  By  Congress.  You  were  the  first  appointed  as  surveyor-general.  You 
.ppointed  from  your  familiarity  with  your  business.  You  had  been  surveyor-general, 
many  years  ago,  of  Illinois  and  Missouri,  and  it  contributed  doubtless  to  that  end,  because 
you  Vere  known  as  a  great  disciplinarian,  and  sometimes  bore  pretty  hard  against  the  poor 
deputies.  I  noticed  that  anything  that  was  then  not  in  accordance  with  regulations  you 
sent  back  into  the  field.  That  I  gathered  from  correspondence  with  you. 

u  understand  that  I  inaugurated  and  executed  those  surveys  from  the  start,  in 
Wyoming  '.—  A.  You  were  the  first  surveyor-general.  The  duty  of  the  principal  clerk  of 
surreys  was  to  indicate  and  prepare  instructions. 

Q.  There  were  no  surveys  in  the  Territory  before  I  went  there,  were  there  ?—  A.  No,  sir. 
Thinking  over  that,  however,  a  little  prior  to  the  establishment  of  the  boundary  between 
Wyoming  and  Colorado,  surveys  in  Colorado  proceeded  northward  and  passed  into  what  is 
now  Wyoming,  some  few  miles  only,  and  into  a  few  townships.  Then  when  the  boundary 
A  as  established  astronomically,  it  cut  certain  townships  which  had  been  made  in 
Colorado  Territory  .  but  not  many  surveys  had  been  made  before  the  organization  of  Wyom- 
ing Territory. 

Q.  Is  it  admissible  with  the  Department  to  permit  contracts  by  the  surveyor-general  to 
a  man  not  familiar  with  surveying,  providing  he  associates  such  a  man  with  a  competent 
yor  ?  —  A.  No,  sir  ;  the  rules  and  regulations  require  a  man  familiar  with  the  system 
\  eying  public  lands. 

Q.  That  is.  in  regard  to  the  main  deputies  ?—  A.  Yes,  sir. 

V     Hut  where  you  associate  a  partner  sometimes,  how  is  it  '  —  A.   1'uder  the  instructions  of 
June  1.  l-r,l.  a  :iian  who  is  not  familiar  with  the  surveying  system  may  be  a  joint  contractor, 
but  he  is  not  permitted  to  dabble  in  the  surveys  if  he  does  not  understand  them.    Deputy 
nerally  short  of  money,  and  cannot  furnish  supp         A         They  find  some 
man  v  ney,  secure  him  by  associating  him  in  the  same  contract,  so  that  be  is  in- 

d.'innitir.l.    If  the  office  knew  that  ii  man  did  not  know  anything  about  surveys,  a  c««i 
would  not  be  approved.    Frequently  we  have  to  call  on  a  general  as  to  what  evi- 

dence he  had  as  to  the  ability  of  a  man.    If  that  was  not  forthcoming,  the  survey  was  not 
Approved  by  the  Commissioner. 

Q.  I  believe  you  rejected  a  survey  of  that  kind  in  June,  l£?3,did  you  not  ?—  A.  Yes,  sir. 
In  that  cam-  neither  of  them  had  any  knowledge  of  sun-eying  f—  A.  That  is  the  case, 


56  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  But  you  never  rejected  where  one  was  reputed  as  a  good,  competent  deputy  to  go  to 
the  field  ? — A.  No,  sir  ;  not  if  he  could  perform  the  work. 

Q.  How  did  my  field  and  office  work,  and  deputies,  and  everything  connected  with  my 
office  as  surveyor-general,  compare  with  those  of  other  surveyor-generals  of  the  mountain 
Territories  ? — A.  Very  favorably,  sir.  Everything  that  came  from  your  office  was  in  good 
shape.  Field-notes  were  transcribed  in  very  good  style,  and  correctly.  The  township  plats 
were  protracted  in  a  neat  style,  although  it  is  not  in  all  districts  that  the  same  can  be  said. 
There  are  some  where  the  work  is  very  poor.  Artists  cannot  be  obtained  to  represent  the 
survey  as  neatly  as  yours  have  done. 

Q.  Look  at  contract  No.  57  and  state  to  whom  it  was  given. — A.  Medary  and  Grant, 

Q.  What  was  the  date  of  it?— A.  April  22,  1874. 

By  the  CHAIRMAN: 

Q.  What  Grant  was  that  ?— A.  M.  N.  Grant.   The  amount  was  $4,800. 

Q.  Under  what  appropriation  was  that  made  ? — A.  Act  of  March  3,  1873. 

Q.  Do  you  notice  that,  as  a  balance  of  an  old  appropriation  of  the  summer  before,  there 
was  no  appropriation  for  that  year  then  passed,  was  there  ? — A.  Yes,  sir. 

Q.  There  had  been  no  appropriation  on  the  22d  of  April  for  that  year,  had  there  ? — A.  No  ; 
but  the  appropriation  was  of  March  3,  1873,  the  date  of  the  contract  being  April  22,  1864. 

Q.  Now  in  regard  to  contract  No.  59  ? — A.  It  was  under  the  same  appropriation  of  1873, 
to  C.  J.  Reed. 

Q.  Of  what  date  ?— A.  May  12,  1874.     The  liability  was  $1,800. 

Q.  Were  Nos.  59  and  57  both  made  by  me? — A.  Yes,  sir. 

Q.  Look  at  No.  58,  and  state  to  whom  that  was  made. — A.  H.  G.  Hay  and  George  R. 
Thomas. 

Q.  What  is  the  date  ?— A.  May  2,  1874. 

Q.  What  is  the  liability  ?— A.  $4,800. 

Q.  What  appropriation  was  that  under  ? — A.  That  was  under  an  appropriation  of  $20,000, 
March  3,  1873,  for  survey  of  vacated,  abandoned  military  reservations  ;  that  was  Fort 
Bridger.  It  was  a  large  reservation,  twenty  miles  by  twenty-five,  selected  by  the  President 
for  some  years,  and  afterward  it  was  reduced  under  the  act  of  Congress. 

Q.  State  now  in  regard  to  No.  60. — That  was  a  contract  of  Rogers  and  Lampton,  May 
18,  1874  ;  ability,  $3,700.  That  was  for  the  military  reservation  under  the  special  appropria  • 
tion. 

Q.  State  in  regard  to  contract  No.  62. — A.  Sixty-two  was  of  the  same  character,  to  J. 
Wesley  Hammond. 

Q.  What  is  the  date  ?— A.  May,  20,  1874. 

Q.  State  the  liability.— A.  $2,900. 

Q.  Under  what  appropriation  ? — A.  Out  of  the  $20,000  appropriation  for  abandoned  mili- 
tary reservation. 

Q.  State  in  regard  to  contract  No.  61.  How  much  is  the  liability  ? — A.  That  is  a  contract 
to  J.  Wesley  Hammond.  It  is  dated  May  23,  1874. 

Q.  What  is  the  liability  ? — A.  $1,200.  That,  however,  was  paid  out  of  the  deposit  of  the 
Union  Pacific  Railroad,  under  the  act  of  Congress,  of  money  to  have  their  land  surveyed. 

Q.  Now  state  as  to  the  contracts  after  the  1st  of  July,  under  the  appropriation  of  1874. — 
A.  The  contract  No.  63  is  chargeable  to  the  appropriation  June  23,  1874;  it  is  dated  July 
1,  1874 ;  it  is  in  the  name  of  Charles  J.  Reed. 

Q.  What  is  the  liability  ?— A.  $3,000. 

Q.  Now  as  to  No.  64 ;  what  is  the  date  of  that  ?— A.  It  is  a  contract  of  T.  B.  Medary,  July 
6,  1874. 

Q.  What  is  the  liability  ?— A.  $3,400. 

Q.  What  is  the  date  of  contract  No.  65  ?— A.  That  is  with  M.  N.  Grant ;  it  is  dated  July 
6,  1874. 

Q.  What  is  the  liability  ?— A.  $2,400. 

State  now  as  to  No.  66. — A.  That  is  with  Rogers  and  Lampton. 
What  is  the  date  ?— A.  July  9,  1874.     The  liability  is  $6,000. 
State  now  in  relation  to  No.  68. — A.  That  is  with  Fowler  and  Farringer. 
What  is  the  date  ?— A.  July  14,  1874. 

Q.  What  is  the  liability  ?— A.  $4,200. 

Q.  State  now  in  relation  to  No.  69.— A.  That  is  with  H.  G.  Hay. 

Q.  What  is  the  date  ?—  A.  July  15,  1874. 

Q.  What  is  the  liability  ?— A.  $3,000. 

Q.  State  now  in  relation  to  No.  71. — A.  That  is  with  J,  Wesley  Hammond. 

Q.  What  is  the  date?— A.  August  14,  1874. 

Q.  What  is  the  liability?— A.  $2,000. 

Q.  State  now  in  relation  to  contract  No.  72.— A.  That  is  with  Rogers  and  Lampton* 

Q.  What  is  the  date  ? — A.  August  14  ;  the  amount  $2,000. 

Q.  State  now  in  relation  to  contract  No.  73.— A.  That  is  with  Henry  G.  Hay. 

Q.  What  is  the  date?— A.  September  1,  1874. 

Q.  What  is  the  liability  ?— A.  $2,100. 


GOVI:KNMI:NT  SURVKYS  i\  WYOMING  TERRITORY.          57 

Q.  State  now  in  relation  to  No.  74.—  A.  That  Is  with  Charles  J.  Reed,  dated  September 

' 


Q.  What  is  the  liability  .'—A.  $1,800. 

State  now  in  relation  to  No.  ?:>.—  A.  That  is  with  John  D.  Thomas. 
Q.  What  is  the  date  ?—  A.  September  1,  1874. 
Q.  What  is  the  liability  '-A.  $2,900. 

«,'.  All  these  contracts  that  you  have  last  referred  to  since  we  spoke  of  No.  63  are  under 
the  appropriation  of  June  23,  1874  ?  —  A.  Yes,  sir. 

..-  (II  MUMAX  : 

Q.  I  understand  you  to  say  that  it  is  your  duty,  as  principal  clerk  of  surveys,  to  examine 
all  the  contracts  as  they  come  into  the  office,  to  see  that  they  are  in  conformity  with  the 
law?  -A.  Yes,  sir. 

Q.  And  then,  upon  your  recommendation,  they  are  approved  by  the  Commissioner  of  the 
Land-Office  -,  sir  ;  I  write  an  answer  to  the  surveyor-general,  and  the  Commissioner 

signs  the  letter  of  approval. 

Q.  What  facts  do  you  want  to  know  in  order  to  convince  yourself  that  the  contract  which 
you  are  examining  is  in  conformity  with  law  ?  Do  you  gather  all  the  facts  from  the  face  of 
the  contract  itself,  or  do  you  ascertain  from  outside  evidence  '•--  A.  The  intrinsic  evidence 
of  the  survey,  which  we  gather  from  the  field-notes,  showing  where  a  man  starts  from,  how 
he  finds  out  the  measures,  &c.,  and  seeing  whether  he  is  within  the  limits  prescribed  by  the 
law. 

Q.  You  misapprehend  me.  Is  there  a  description  of  the  land  to  be  surveyed  contained  in 
the  contract?  —  A.  Yes,  sir;  by  townships  and  ranges. 

Q.  That  is  all  set  forth  in  the  contract  ?  —  A.  O,  yes. 

Q.  The  person  who  takes  a  contract  does  not  understand  or  know  the  ground,  and  never 
has  been  upon  it?—  A.  No,  sir. 

Q.  Then  he  does  not  know  anything  about  the  country  that  he  is  to  survey,  except  what 
he  gathers  from  the  contract  itself?  —  A.  Yes,  sir;  and  the  instruction  which  he  receives 
from  the  surveyor-general.     The  surveyor-general  has  to  furnish  him,  under  instnu 
from  the  General  Land-Office,  the  descriptions  of  corners  of  the  adjoining  lands,  and  he  is  to 
identify  them,  &c.,  so  that  he  may  not  start  from  a  wrong  corner  and  mix  up  the  surveys. 

Q.  Do  you  require  to  know  whether  the  person  named  in  the  contract  is  a  sW^NtlKHP 
veyor  or  not  -  A.  Yes,  sir.  iJBRARf 

(^.  Huw  do  you  ascertain  that  '  —  A.  We  have  the  list  of  the  surveyors  who  haveoeen'm 
the  business  since  the  commencement  of  the  system.  We  have  their  names.  Whenever  we 
tind  that  a  man  is  a  new  man,  then  we  call  on  the  survey  or-  general  to  give  us  the  informa- 
tion as  to  whether  he  is  a  capable  man,  and  what  evidence  he  has  as  to  his  ability  ;  and  be- 
fore a  surveyor-general  gives  him  a  contract  he  examines  him  as  to  whether  he  is  familiar 
with  and  has  proper  qualifications. 

Q.  Suppose  there  are  two  contractors  ;  do  you  then  only  require  that  one  of  them  should 
be  a  skillful  surveyor  f—  A.  We  direct  them  both  to  go  if  they  are  skillful. 

Q.  I  say,  suppose  there  are  two  contractors  named  in  the  contract  ;  say  they  are  both 
strangers  to  you  ;  do  you  require  information  as  to  whether  they  are  both  surveyors  or 
not?  —  A.  Yes,  sir. 

Q.  Suppose  you  should  ascertain  that  one  of  them  was  a  shoemaker  and  the  other  was  a 
surveyor,  would  you  approve  the  contract  ?  —  A.  Yes,  sir  ;  we  would  approve  the  contract, 
but  we  would  not  take  toe  affidavit  of  the  shoemaker. 

Q.  Under  what  law  would  you  approve  the  contract  where  one  of  the  deputy  surveyors 
is  a  shoemaker  and  not  a  surveyor  f  —  A.  Under  the  law  of  May  30,  1862. 

<V.  Where  do  you  find  that  ?  —  A.  It  is  contained  in  the  manual  of  surveying  instructions. 

V.  \Vhat  <lo  yon  understand  by  the  term  deputy  surveyor?  —  A.  He  is  sent  by  the  prin- 
cipal surveyor. 

Q.  Then  anybody  can  be  a  deputy  surveyor  ?—  A.  If  he  proves  his  qualification  to  the 
surveyor-general,  he  can. 

Q.  Then  it  is  necessary,  in  order  to  be  a  deputy  surveyor,  that  he  must  be  an  actual  sur- 
veyor ?—  A.  O,  yes. 

tt>.  Von  do  not  comprehend  by  deputy  surveyor  a  person  who  never  saw  or  handled  a 
compass,  do  you  ?—  A.  No,  sir. 

Q.  Not  any  more  than  you  would  say  a  carpenter  was  a  shoemaker  ?—  A.  No,  sir;  we 
would  not  give  a  contract  to  such  a  man. 

I'hen  how  do  you  construe  thai  law  and  say  that  two  deputies  means  two  persons  who 
know  how  to  survey,  when  you  now  say  that  you  mean  one  deputy  who  understands  survey- 
-vhen  you  say  two  deputies,  do  you  mean  two  men  who  can  survey  f  —  A.  That  means 
that  both  may  be  surveyors. 

Q.  Can  a  man  who  is  not  a  surveyor  be  a  deputy  surveyor  f—  A.  Yes,  sir;  if  he  is  asso- 
ciated in  a  joint  cont: 

Q.  By  what  law  '—A.  By  the  instruations  of  the  Commissioner  of  the  General  Land- 

actions  heretofore  referred  to  by  you  '  —  A.   Yes,  sir. 


58          ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  If  I  were  to  send  to  you  to  build  your  house  a  carpenter  and  a  shoemaker,  would  it 
be  proper  for  me  to  say  to  you  that  I  sent  you  two  carpenters  ? — A.  No,  sir. 

Q.  When  I  send  you  two  deputies,  when  one  is  not  a  surveyor  and  the  other  is,  is  not 
that  the  same  thing  ? — A.  Yes,  but  there  is  a  qualification  there. 

Q.  It  says,  "  When  two  deputies  enter  into  joint  contract  for  certain  work,  and  only  one  of 
them  goes  into  the  field,  then  that  one  shall  be  required  to  take  affidavit."     Now,  I  want  to 
know  how  you  construe  that  instruction  to  mean  that  only  one  of  the  two  shall  be  a  surveyor 
and  the  other  may  be  anything  else  but   a  surveyor  ? — A.  He  is  a  joint  partner  in  the 
survey. 

Q.  But  he  is  to  be  a  deputy? — A.  Yes,  sir. 

Q.  You  have  already  said  that  a  deputy  means  a  person  who  knows  how  to  survey. — A. 
He  would  not  be  a  deputy  if  he  went  there  alone.  But  he  is  a  partner.  One  furnishes  the 
means  and  the  other  knowledge.  It  is  admitted  by  the  Commissioner  of  the  General  Land- 
Office,  whose  instructions  under  the  act  of  May  30,  1862,  are  tantamount  to  law. 

Q.  State  whether  you  admit  that  one  deputy  surveyor  must  be  a  skillful  surveyor.— A. 
Yes,  sir ;  or  a  contract  could  not  be  had  at  all. 

Q.  But  if  you  attach  one  deputy  surveyor  and  a  shoemaker  together,  does  that  make  two 
deputies  ? — A.  The  instructions  make  them  deputies. 

Q.  Those  instructions  to  which  you  have  referred? — A.  Yes,  sir  ;  those  instructions  make 
them  deputies. 

Q.  Please  point  out  to  me  where  it  makes  a  shoemaker  a  deputy  when  he  is  attached  to 
a  deputy. — A.  Here  it  is :  "  If  two  deputies,  joint  parties  in  a  contract,  both  go  into  the 
field,  each  on  a  separate  survey  with  a  party,  the  field-notes  must  show  clearly  the  particular 
surveys  done  by  each  deputy." 

Q.  What  do  you  mean  by  each  deputy  ? — A.  That  is,  if  both  are  surveyors  and  understand 
the  business,  they  may  have  two  parties  or  both  go.  One  may  take  a  compass  and  run  the 
line,  and  the  other  will  take  sketching — the  topography  of  the  country,  for  instance. 

Q.  Suppose  the  other  is  totally  incompetent  to  do  anything  of  the  kind  ? — A.  Then  he 
does  not  do  it. 

Q.  Is  he  then  a  deputy,  in  accordance  with  these  instructions  ?— A.  With  these  instruc- 
tions he  is  regarded  as  a  partner  in  the  contract. 

Q.  That  is  to  say,  when  one  man  who  is  not  a  surveyor  goes  in  partnership  with  another 
who  is  a  surveyor,  then  he  becomes  a  surveyor  under  the  law— under  these  instructions, 
according  to  your  interpretation  of  them  ? — A.  Yes,  sir. 

Q.  And  according  to  the  interpretation  of  the  Commissioner  of  the  General  Land-Office  ? — 
A.  Yes,  sir  ;  and  the  instructions  of  the  Commissioner  of  the  General  Land-Office  are  recog- 
nized as  tantamount  to  law. 

Q.  It  is  a  very  nice  arrangement  to  let  to  people  who  want  to  make  money  and  not  do 
any  work. — A.  Well,  no  ;  it  was  intended  in  this  way :  Deputies  do  not  get  any  pay  from 
the  Government  for  some  time.  They  have  to  wait  from  six  to  eight  months,  and  the  money 
has  to  be  advanced.  They  have  not  got  it.  They  find  somebody  who  has  got  money,  and 
say,  "  If  you  will  loan  it  to  me,  I  will  repay  you.  I  am  going  to  the  field.  You  may  go  or 
not.  If  you  want  to  go,  you  can  go  as  chainman  or  axman,  or  something  of  the  kind,  or 
not."  One  of  the  parties  thus  advances  the  money  to  enable  the  deputy  to  purchase 
provisions. 

Q.  Does  the  one  who  advances  money  to  a  deputy  become  a  deputy  ? — A.  Yes,  sir  ;  in 
the  acceptation  of  the  office-ruling. 

Q.  Then  all  that  is  necessary,  in  the  acceptation  of  those  instructions,  is  for  a  man  to  ad- 
vance money  to  a  deputy  to  become  a  deputy  ?— A.  Yes,  sir ;  but  if  both  of  them  were 
without  experience,  of  course  we  would  not  give  a  contract. 

Q.  Suppose  that  A  obtains  a  contract  from  Dr  Reed  ;  that  he  signs  the  contract,  gives  a 
bond  and  takes  the  oath,  and  that  B  advances  him  some  money.  B's  name,  however, 
does  not  appear  in  the  contract,  he  does  not  give  a  bond  or  take  an  oath.  Is  B  a  deputy 
surveyor? — A.  No,  sir;  the' Commissioner  would  not  approve  such  a  contract. 

Q.  Why  ? — A.  Because  if  he  is  no  surveyor,  he  would  not  approve  his  contract  in  his 
name. 

Q.  You  approved  the  contract  of  Mr.  Hammond,  did  you  not  ? — A.  Yes,  sir. 

Q.  Did  you  know  that  Mr.  John  Delano  was  associated  with  Mr.  Hammond  as  a  deputy 
when  you  approved  it  ? — A.  No,  sir. 

Q.  Suppose  that  you  had  known  that  there  was  an  understanding  between  Mr.  Hammond 
and  Dr.  Reed  that  Mr.  John  Delano  was  to  have  one-half  of  the  profits  of  that  contract, 
would  you  have  approved  the  Hammond  contract  ? — A.  No,  sir ;  unless  it  was  in  the  name 
of  Hammond  and  Delano. 

Q.  It  was  not  in  the  name  of  Hammond  and  Delano.,  however,  was  it  ? — A.  No,  sir. 

Q.  Would  you  have  approved  that  contract  if  you  had  known  in  advance  that  Mr.  John 
Delano  was  to  receive  one-half  of  the  profits  therefrom  ? — A.  The  contract  would  have  been 
approved  if  we  had  known  that  Hammond  was  a  good  surveyor.  He  would  survey,  and 
swear  to  the  field-notes.  Delano  might  be  a  moneyed  man  or  go  in  a  subordinate  capacity. 
Delano's  name  does  not  appear  on  the  records.  He  has  never  been  a  surveyor. 


GOVl.K'NMKXT   SURVia>    IN    WYOMING   TERRITOl:  i .  59 

>.*.  What  is  the  maximum  price  per  mile  for  surveying  township-lines  in  Wyoming  ?— 
A.  $14  per  mile. 

What  is  tin-  price  ot  division-lines  .'—A.  Subdivisions,  $10. 

Cheta  contract!  ..f  Mr.    Hammond's  were  tor  subdivision-lines,   I  believe,   were  they 
notf  Refer  to  the  contract  ofs-.V.MM),  ami  the  contract  of  $1. 

Mr.  K'r.rn.   !!.-  ha<i  n  «rood  many  township-lines  besides,  and  also  some  timber. 
The  rTlTVBW.      I  i  •  n  v  re  several  contract*  with  Hammond  :  one  was  $4,318.73. 
My  the  Cii  MUM  \\  : 

Q.  Did  he  not  have  two  contracts  in  1874  ?— A.  Yes,  sir  :  they  were  for  subdivisional 
lines. 

Q.  Are  ihe  maximum  prices  $10  a  mile?— A.  Yes,  sir. 

on  ever  know  Dr.  Reed  to  let  a  contract  for  less  that  $10  a  mile  for  subdivis- 
!:ncs  .' — A.  No, sir;   I  do  not  remembei  it. 

!  M.I  you  ever  know  him  to  let  a  contract  forany  other  work  for  less  than  the  maximum 
sum  i — A.  No,  sir. 

Q.  I<  there  not  a  great  deal  of  difference  in  the  topography  of  the  country  in  Wyoming?— 
A.  \  < 

V.  I  -  i  here  not  a  very  material  difference  in  some  of  the  work  which  has  to  be  done  under 
the  contracts  / — A.  Y< 

Q.  Could  not  some  of  the  contract-work  be  done  for  a  great  deal  less  than  others  ? — A. 
Certainly. 

Q.  And  yet  all  the  contracts  were  let  at  the  maximum  sum,  wore  they  not? — A.  I  think 
so;  but  some  of  the  rates  may  be  inadequate,  especially  in  the  case  of  those  who  have  to  go 
to  a  great  distance. 

Q.  Has  it  been  the  practice  in  all  the  Territories  to  let  all  the  contracts  at  the  maximum 
sum  ? — A.  No,  sir. 

Q.  Some  contracts  are  let  for  considerably  less  than  the  maximum  sum,  are  they  not  ?— 
A.  Very  seldom  ;  but  there  are  instances  of  that  kind.  In  former  years,  when  Mr.  Wilson 
was  Commissioner  of  the  General  Laud-Office,  we  have  said  to  surveyors-general,  "This  is 
the  maximum,  but  you  must  try  to  get  contracts  for  less."  In  some  instances  they  could, 
bnl  in  the  majority  of  cases  they  said  they  could  not. 

Q.  You  never  knew  Dr.  Reed  to  give  a  contract  for  less  than  the  maximum  price,  did 
-A.  No,  sir;  I  could  not  say  that  I  ever  did. 

Q.  Suppose  that  you  had  known,  after  Dr.  Reed's  contracts  came  in,  that  there  were  other 
parties  who  were  to  receive  profits  from  those  contracts,  who  were  not  surveyors,  and  who 
were  not  in  the  Territory ;  would  you  have  approved  those  contracts  at  the  maximum  sum  ? 
I  mean,  there  being  only  one  man  named  in  the  contract.  If  you  knew  that  that  one  sur- 
veyor took  the  contract,  and  could  only  get  it  upon  his  agreement  to  divide  the  profits  with 
a  gentleman  who  was  not  in  the  Territory  and  who  took  none  of  the  responsibility,  would 
you  have  approved  that  contract  ?— A.  No,  sir. 

',».   It  imt,  why  not  .'—A.  1  It-cause  we  require  payment  to  be  made  to  the  man  who  pcr- 
;he  wmk.     Direct  payment  is  to  be  made  to  the  person  who  is  contracted  with. 
\Vould  you  not.  however,  have  come  to  the  conclusion  that  if  the  man  who  does  the 
work  could  afford  to  divide  the  profits  of  the  work  equally  with  a  man  who  took  no  respon- 
sibility and  did  no  work,  that   that  work  could  have  been  done  for  a  much  less  sum  than 
was  mentioned  in  the  contract  ? — A.  It  is  their  own  arrangement, 
.  the  question,  if  you  please. — A.  Certainly. 

>t  this  contract,  let  to  Mr.  Hammond  for  .$•.>, I'"",  was  such  a  contract  that 
*M<"  paid  to  a  man  who  took  no  responsibility  and  who  did  none  of  tin- 

would  yi  11  have  approved  that  contract  .'—A.   II  we  had  Known  it  the  ,,ner  would 

»*>*  ll;;  •  i  it  ;  but  these  things  never  come  to  us,  they  transpire  at  a  great  distance 

hen  y.ni  never  inquire  what  the  contour  of  tin-  !s  which  is  to  be  surveyed 

JOB   approve  the  contract  .'—A.   We  do  not  know  in  that  particular. 
\  "ii  do  not  know  whether  it  is  prairie  land  or  cleared  laud,  or  whether  It  is  wood-    — 
A.  Y«>- 

contracts  as  you  receive  them -—A.  Yes, sir.     Our  system  is  this : 
iu  their  proper  places,  but  we  do  not  know  whether  they  reach  certain 
mountains  or  rivers,  and  we  do  not  know  how  much  the  .-urvevs  will  cost. 

Von  have  to  depend  on  the  surveyor-general  tor  ;  not?— A. 

..i-.gein-r.il  does  not  know  that  either.     He  ,!oes  not  know  whether  there  are  lakes 
.uinin>    \\iii.-h  cannot  be  surveyed.     Of  course  we  do  not  require  him  to  spend  puMic 
money  on  mountains,  which  are  not  fit  for  agricultural  purposes.     Frequently  deficiencies 
•  on  tract   stipulates  so  many  towns!  ,nuch   m.«iM-v."    Sometimes 

and  sometimes  they  fall  short,  which  is  owing  to  the  want  of  knowledge  «>: 
topography  of  tint  country! 

'  •  y.ni  know  \\  h\  "IM.  KVe-I  eyor-general  of  Wyomine  Ter- 

A.  I  do  not.    The  political  affairs  do  not  come  to  me.    They  are  attended  to  by 
and  secretary  of  the  (ietieral  Land-Office,  and  the  chief  clerk.     I  only  at- 
•  business. 


60  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

Q.  Did  you  bear  that  there  was  any  complaint  lodged  against  Dr.  Reed  for  permitting-  Mr. 
John  Delano  to  share  in  the  profits  of  contracts  out  there? — A.  It  was  merely  rumor.  I  did 
not  hear  it  from  any  responsible  person  who  knew  it  of  himself.  There  was  a  rumor  in  re- 
gard to  that. 

Q.  At  the  time  he  resigned,  or  before  that? — A.  I  do  not  know.  I  believe  it  was  after- 
ward. 

Q.  If  that  rumor  was  true,  then,  it  was  considered  contrary  to  the  law  and  the  instructions 
of  the  Department,  was  it  not  ?  That  is,  if  he  permitted  other  persons  to  share  in  the  profits 
of  contracts  who  took  none  of  the  responsibility  and  did  none  of  the  Avork.  Mr.  Delano  was 
not  in  the  contract.  Mr.  Hammond  was  given  the  contract.  Now,  suppose  Mr.  Hammond 
was  given  that  contract  with  the  understanding  at  the  time  that  he  received  it  that  he  must 
divide  with  Mr.  John  Delano.  If  that  had  beenknown.to  the  Department,  what  would  have 
been  the  result  ? — A.  The  Department  would  not  have  approved  it. 

Q.  Nor  would  yeu  as  chief  clerk  of  the  contract- office  have  approved  that  contract? — A. 
No,  sir. 

Q.  For  the  reason  that  you  would  have  thought  that  was  in  violation  of  law,  would  you 
not  ? — A.  Well,  I  do  not  know  that.  If  a  man  performs  work  and  gets  pay,  and  if  he  di- 
vides or  gives  away  his  earnings,  of  course  that  would  not  weigh  with  us. 

Q.  And  suppose  that  when  he  is  given  a  contract  he  is  given  to  understand  by  the  sur- 
veyor-general that  he  must  divide  with  a  man  whom  he  never  saw.  How  would  it  be  then  ; 
that  occurring,  too,  with  a  man  who  would  not  sign  the  contract,  take  the  oath,  or  give  bond  ? 
— A.  He  could  not  be  recognized,  of  course,  as  a  deputy  if  he  did  not  do  one  thing  or  the 
other. 

Q.  Would  the  action  of  the  surveyor- general  be  approved  by  the  Department  in  doing 
that  ? — A.  Not  if  it  was  known  ;  and  such  a  thing  has  never  been  brought  to-  our  attention. 

Q.  Then  you  never  knew  at  the  Land-Office  that  Dr.  Reed  was  assisting  John  Delano  by 
allowing  him  contracts  in  that  way  ? — A.  No,  sir;  we  never  knewanything  about  it.  As  I 
say,  such  matters  the  Department  may  have  known  of,  and  the  Commissioner  may  have 
known,  and  the  chief  clerk  may  have  known,  but  they  reserve  to  themselves  all  sucli  ques- 
tions in  regard  to  political  appointments.  They  did  not  communicate  such  things.  I  never 
knew  up  to  this  time  who  the  man  was  that  did  the  work  with  Mr.  Delano. 

Q.  Do  you  know  Mr.  Medary  to  be  a  practical  surveyor  ? — A.  He  was  a  deputy  surveyor. 

Q.  Do  you  know  whether  he  ever  went  in  the  field? — A.  He  has  gone  in  the  field,  be- 
cause he  swore  to  the  field-notes.  That  is  all  the  evidence  we  have. 

Q.  Do  you  know  whether  the  field-notes  were  made  out  in  his  handwriting  or  not  ? — A. 
No,  sir  ;  I  do  not  know  that.  We  get  merely  the  transcript  of  the  field-notes,  and  not  the 
original.  The  original  is  filed  in  the  surveyor-general's  office,  and  the  transcripts  in  our 
office. 

Q.  So  far  as  your  knowledge  goes,  you  do  not  know  whether  Medary  ever  went  into  the 
field  or  not  ? — A.  No,  sir  ;  I  could  not  tell  you  that  of  my  personal  knowledge. 

Q.  You  do  not  know  but  what  the  work  was  done  by  somebody  else  '? — A.  I  do  not. 

Q.  You  do  not  know  but  what  the  profits  of  the  survey  were  divided  between  Mr.  Medary 
and  somebody  else,  who  was  never  in  the  Territory  ? — A.  No,  sir. 

By  Mr.  REED  : 

Q.  Do  you  know  whether  any  of  uay  deputies  ever  went  into  the  field,  of  your  own  per- 
sonal knowledge  ? — A.  I  do  not  know.  We  took  it  for  granted  that  they  did,  because  they 
swore  to  it,  saying  "  I  have  performed  the  duties  set  down  by  the  instructions,  and  these 
are  the  original  field-notes  of  survey." 

Q.  Have  you  any  doubt  but  what  Mr.  Medary  and  the  others  have  surveyed  their  work  ? — 
A.  No  sir;  I  have  never  suspected  any  of  them,  but,  of  course,  I  could  not  say  person- 
ally that  they  did. 

Q.  If  three  or  four  of  my  deputy  surveyors  took,  say,  $5,000  worth  of  work  to  execute  for 
themselves,  and  that  much  for  Mr.  Delano — say  the  two  parties  have  that  much  work  ;  it  so 
happens  that  when  these  contracts  are  to  be  made  out,  the  deputies  taking  their  portion  and 
taking  Mr.  Delano's  portion  with  it,  and  he  not  getting  there  to  sign  the  contract  with  them, 
but  they  signing  the  contract,  they  being  my  deputies  ;  suppose  that  they  go  to  the  field, 
that  some  of  them  draw  on  him  for  advance-money  for  the  outfit,  and  that  they  voluntarily 
arrange  to  work  up  that  survey  and  give  him  a  portion  of  the  profits,  I  ask  you  if  that  is 
any  business  of  the  Department  f — A.  No  ;  we  do  not  know  of  any  such  arrangement.  We 
deal  with  the  man  in  whose  name  the  contract  is  entered  into,  and  when  the  work  is  returned 
and  passes  examination  they  are  paid.  If  they  squander  their  means  and  give  it  to  some- 
body else,  we  pay  them  only  for  so  much  work  performed,  and  no  more. 

Q.  In  the  Hammond  case  he  took  a  contract  for  |4,100  ;  Mr.  Delano  was  to  be  with  him 
in  half  of  that ;  Delano  does  not  get  there,  for  certain  important  reasons,  to  sign  the  contract 
before  Mr.  Hammond  is  obliged  to  start  to  the  field  ;  Mr.  Hammond  gets  restive  and  says 
he  will. go  forward — he  will  sign  the  contract,  get  the  bond,  go  on,  leave  the  contract  blank 
for  his  (Delano's)  name,  and  the  bond  blank  for  him  to  sign  and' swear  to,  if  he  arrives,  and 
if  he  does  not  arrive  he  will  survey  that  work  ;  in  the  mean  time,  before  I  start,  I  will  draw 
a  draft  on  him  ("Delano)  for  his  half  of  the  money  needed  to  get  to  the  field  with — say  he 


GOVKKVMKXT    SURVEYS    IN    WYOMING    TERRITORY.  (51 

does  that— ami  Mr.  Delano  fails  to  arrive  and  sign  that  contract ;  Hammond  surveys  the  land, 
ami  keeps  HII  arc. unit  of  all  his  expenditures,  the  cost  of  his  hands,  his  rail  road- fares.  A 

•or  liulf  of  that  work,  ami  for  half  of  that  time  he  charges  for  his  services  at  $125 
a  month  :  he  takes  that  all  out  before  any  profits  are  divided;  he  allows  for  the  money  v, 
has  been  advanced  to  him  before  tin-  profits  are  divided— now,  I  ask  you  if  Mr.  Hammond 
has  not  a  right  to  do  just  what  he  pleases  with   that  half  of  the  profit  T— A.  All  the  p 
are  his. 

\ml  In-  may  do  what  he  pleases  with  them  .'—A.  Yes,  sir. 

When-  \\ould  your  Department  have  arty  right  to  interfere  with  such  a  transaction  as 
that  .'  Does  the  Department,  in  fact,  pretend  to  interfere  in  a  case  like  that  ? — A.  No,  sir ; 

n  if  the  Department  had  known  that  Mr.  Delano  or  somebody  else  was  in  that 
relation,  the  Department  goes  »n  with  the  contract  and  pays  no  attention  to  the  private  ar- 
rangement. 

.   CM  MUM  v\  : 

1  >o  yon  say  that  if  the  Department  had  known  that  Mr.  Delano  had  stood  in  that  re- 
lation it  would,  nevertheless,  have  approved  the  contract? — A.  No;  not  if  the  Department 

"wn  those  circumstances. 

V-  What  would  the   Department  have  done  .' — A.  It  would  have  required  the   name  of 
Mr.  Delano  to  lx>  inserted  into  tin1  contract. 

\Vonid  tlii-y  have  approved  the  contract  without  the  name  of  Mr.  Delano  ? — A.  Yes, 
;  the  name  of  Hammoud. 

»A>.  If  the  Department  had  known  that  Mr.  Delano  was  to  realize  one-half  the  profits  of 
ntract,  would  they  have  approved  that  contract  .'    Here  you  have  the  contract  of  Ham- 
mond with  his  mime  in,  and   the  name  of  nobody  else.     You  know  at  the  same  time  that 
Mr.  .John  Delano  is  to  have  one-half  the  profits  of  that  contract.     He  has  not  signed  the 
contract.     Would  you  have  approved  it? — A.  No. 
','.  Why  not  f — A.  Because  John  Delano  is  not  a  contractor. 

I'.y  Mr.  K'I:I:I»: 

Q.  But  if  his  name  is  not  in  the  contract  how  are  you  to  know  anything  about  it  ? — A. 
Of  course  we  would  not  know  anything  about  it. 

1  >id  you  ever  hear  of  such  on  iustance  as  the  Department  stepping  in  between  private 

iuals  in  that  way  to  interfere  about  an  arrangement  which  a  deputy  might  make  with 

a  private  individual  in  relation  to  his  contract?— A.  No,  sir.     If  the  Department  knew  that 

a  member  of  Congress  was  sharing  in  the  profits  of  a  contract  or  subcontract,  of  course 

that  would  be  against  the  law,  but  they  never  will  know  it. 

By  the  CHAIRMAN  : 

Then  it  is  all  right,  in  your  judgment,  if  the  Department  does  not  know  it.  The  only 
thing  that  is  wrong  about  the  matter  is  when  the  Department  knows  it.  Is  that  your 
judgment  ?— A.  How  can  the  Department  condemn  anybody  ? 

An-wer  my  question,  if  you  please.  I  want  to  know  whether  it  is  all  right,  in  your 
judgment,  for  Mr.  John  Delano,  or  anybody  else,  who  does  no  work  and  takes  no  responsi- 

to  share  in  the  profits  of  a  contract  if  the  Department  does  not  know  it  ?— A.  Cer- 
tainly, if  I  wen-  the  contractor  I  would  not  like  that  at  all. 

r.y  Mr.  K'I.I  D: 

You  would  not  like  what  f— A.  In  my  judgment  I  should  consider  that  it  was  a  bard - 
n  the  deputy  to  share   the  profits  in  such  a  case  as  that;  but  if  the  deputy  is  willing 
-pose  of  his  hard  earnings  in  that  manner,  what  can  be  done  ? 

•    I'll  MUM  \N  : 

',».    If  Mr.  Hammond  was  willing  to  make  a  survey  and  take  all  the  responsibility  of  th-> 
tain  sum  of  money,  and  to  give  $1,400  of  that  amount  to  John  Delano  or 
to  anybody  else,  is  it  not  very  likely  thai  Mr.  Hammond  would  have  surveyed  that  same 
tity  of  land  for  $1,400  less  than  he  did  ?— A.  He  might. 
Would  it  not  be  very  likely  that  he  would  do  sof— A.  Very  likely. 
\Vould  there  not  have  been  a  saving:  to  the  Government, 'MI  tha't  particular  instance, 

Inly. 

I  hen,  did  not  Mr.  John  Delano  get  $1,400  out  of  the  Treasury  of  the  United  > 
lid  not  belong  to  him  '     It  Mr.  Hammond  would  have  agreed  to  do  that  work  for  $1,400 
••.an  he  did.  l>nt  Dr.  Reed  gives  him  the  extra  $1,400,  provided  he  will  give  it  to  John 
that  is  taking  $1,400  out  of  the  Treasury,  which  belongs  to  the  (iovernment,  is  it 
|     ing  it  to  a  party  who  has  no  right  to  it  f— A.  This  contract  stipulates  for 
;  t.     Of  course  the  Government  must  pay  that.     But  if  he  had  said  he  would  per- 
1  for  less,  that  would  have  been  a  different  matter.      If  I  \\as  a 

y  mileage,  and  somebody  had  assisted  me  pecuniarily,  of  (Tootf  feel  obliged 

him. 

I  hat  is  to  say,  if  he  had  advanced  you  the  sum  of  $300  for  a  few  months  you  would 
•  $1,400 T— A.  O,  no;  I  would  not  do  that,  of  course. 


62  ALLEGED  FRAUDS  IN  CONTRACTS  FOR 

By  Dr.  REED  : 

Q.  You  have  answered  upon  the  principle  that  a  certain  deputy  is  furnished  by  the  sur- 
veyor-general with  a  certain  amount  of  surveying,  which  is  his  surveying,  or  his  work. — 
A.  Yes,  sir.  f 

Q.  You  have  taken  it  for  granted,  in  your  answer,  that  the  survey  or- general  exacts  of 
that  deputy  to  divide  the  profits  of  that  work,  which  is  his  own  work,  with  an  outsider. 
You  say  that  is  not  right,  and  the  Department  would  not  like  it  if  they  knew  it.  But  that  is 
not  exactly  the  case.  The  half  of  the  contract  that  he  goes  out  to  survey  1  give  to  him  as 
his  part,  and  the  other  part  is  Mr.  Delano's.  Mr.  Delano  could  let  him  have  half  the  sur- 
vey to  work  out  on  shares,  or  let  anybody  have  it  at  the  same  rates.  If  he  (H.)  takes  it  to  sur- 
vey on  shares,  and  he  receives  the  money  for  part  of  his  outfit  of  the  advance  expenses,  and 
there  is  no  coercion  or  request  about  it,  and  it  is  all  a  voluntary  matter  which  he  does — 
when  he  finds  that  .work  is  on  hand  to  be  surveyed  on  shares,  as  partners,  whose  business 
is  it  ?  Is  he  not  required,  after  he  has  gone  that  far,  to  divide  his  profits  in  good  faith, 
provided  there  is  no  coercion  about  it  ? — A.  That  is  a  private  arrangement ;  but  if  the  Com- 
missioner knew  that  a  certain  survey  could  be  executed  for  less  than  the  contract  called  for, 
and  knew,  at  the  same  time,  that  part  of  the  money  was  to  go  to  somebody  else,  and  that 
he  could  execute  it  for  less — of  course,  if  that  knowledge  was  in  the  Department  they  would 
not  approve  the  contract. 

Q.  Do  you  know  of  any  surveys  being  made  in  any  of  those  mountainous  Territories  of 
Colorado,  Montana,  Wyoming,  Utah,  or  New  Mexico  for  less  than  the  Government  price 
per  mile  ? — A.  No,  sir  ;  on  the  contrary  they  asked  for  an  increase,  and  we  had  to  submit 
estimates  to  Congress  for  three  years  of  augmented  rates  in  those  mountainous  countries. 
The  rates  were  increased  to  $16  for  subdivisions,  althoTigh  not  everywhere.  That  was  only 
the  case  in  Colorado,  Montana,  and  Wyoming,  where  the  mountains  and  the  abrupt  coun- 
try existed,  and  where  the  parties  are  far  away  from  their  base  of  supplies. 

Q.  What  is  the  price  now  out  in  Wyoming  and  in  other  Territories  for  surveying  timber- 
lauds? — A.  For  township-lines  $18,  and  for  subdivisions  $16  and  $14,  and  the  tendency  is 
to  pay  the  maximum  rates  which  Congress  prescribed. 

Q.  Was  it  expected  that  the  surveyor-general  should  go  out  over  the  Territory  to  find  a 
township  here  and  a  township  there  which  could  be  surveyed  for  a  little  less  than  $16  a 
mile  ? — A.  No,  sir. 

Q.  If  a  man's  name  is  put  into  a  contract,  and  he  swears  as  a  deputy  surveyor  in  the  sur- 
veyor-general's office,  is  he  not  considered  a  deputy  surveyor,  whether  he  is  a  practical  sur- 
veyor or  not ? — A.  Yes,  sir  ;  the  office  regards  him  as  a  deputy  surveyor  if  his  name  is  in 
the  contract.  We  only  look  to  the  man  who  is  the  deputy  to  say  that  his  work  is  properly 
returned. 

Q.  And  in  the  case  of  a  man  not  known  to  the  office,  and  whom  you  do  not  know  as  a 
practical  surveyor,  if  he  is  sworn  as  a  deputy  surveyor  he  is  considered  and  called  a  deputy 
surveyor? — A.  Yes,  sir.  But  as  I  have  said,  sometimes  one  of  them  may  not  serve  in  the 
field ;  he  may  assist.  He  may  be  a  chainman  or  an  axman.  The  other,  however,  is  to 
swear  to  the  field-notes.  One  of  them  must  be  a  practical  field-surveyor  to  swear  to  the 
field-notes. 

Q.  Have  you  any  means  of  knowing  that  young  men  without  any  knowledge  of  survey- 
ing are  often  thrust  into  contracts  by  politicians,  members  of  Congress,  and  others  ? — A.  I 
have  heard  of  such  cases,  where  they  were  merely  attached  as  joint  contractors. 

Q.  Have  you  ever  known  of  any  one,  being  attached  as  a  friend  of  a  politician,  going 
into  the  field  and  receiving  a  part  of  the  profits  ? — A.  I  cannot  recall  them  now,  although  I 
have  heard  of  such  instances.  The  office,  however,  always  looked  to  see  who  swore  to  the 
field-notes. 

Q,  The  lines  that  the  deputy  is  to  survey  are  stated  in  the  contract,  are  they  not?— A. 
Yes,  sir.  . 

Q.  The  price  per  mile  is  also  stated  in  the  contract,  is  it  not  ? — A.  Yes,  sir. 

Q.  Have  you  ever  seen  any  prices  stated  in  my  contracts  above  the  Government  price? — 
A.  No,  sir  ;  we  would  not  have  approved  the  contract  if  such  had  been  the  case. 

Q.  I  think  you  said  you  did  not  know  of  surveys  being  let  in  mountain  Territories,  such 
as  Colorado,  Montana,  New  Mexico,  and  Utah,  for  less  than  Government  prices,  did  you  not  ? 
— A.  It  may  be  that  in  the  execution  of  the  surveys  in  Colorado  there  may  have  been  cases 
of  that  kind,  but  I  do  not  recall  them  now  to  my  mind.  Generally  maximum  rates  are  paid 
and  the  surveyor-general  frequently  urges  an  increase  per  mile,  saying  that  the  surveys  can- 
not be  executed,  and  that  they  are  not  able  to  get  deputy  surveyors  to  undertake  the  contract 
for  Government  prices.  The  plains  have  all  been  surveyed.  The  mountains  are  now  ap- 
proaching, together  with  the  timber,  and  the  surveyors  want  enhanced  prices. 

Q.  Colorado  extends  into  the  plains  a  hundred  and  more  miles  farther  east  than  Wyoming, 
does  it  not? — A.  Yes,  sir;  Colorado,  Kansas,  and  Nebraska  are  the  easiest  fields  for  work- 
ing. 

Q.  There  is  very  little  of  the  plains  in  Wyoming,  is  there  not  ?— A.  Very  little. 

Q.  You  have  been  asked  some  questions  about  regulations,  showing  that  a  second  man 
might  go  into  a  contract  with  an  old  deputy,  the  second  man  not  being  a  practical  sur 
veyor. — A.  We  have  no  printed  regulations  referring  to  them. 


GOVERNMENT    SURVEYS   IN    WYOMING   TERRITORY.  63 

Q.  I  ask  you  if  the  practice  of  the  Department  has  not  become  a  rale  in  that  respect,  itself 

: :  regard  to  permitting  a  second  person  to  go  into  a  con- 

even* if  he  is  not  an  experienced  man.  provided  he  goes  in  with  a  good  deputy?— 

the  way  they  educate  the  surveyors  of  public  lands.    Nobody  is  born  with  a 

cal  knowledge  of  the  business.    Some  have  to  learn.    When  they  understand  the  bus- 

ben  with  themselves,  so  that  in  like  time  they  maybe  instn 

Vni1  Ill(>  1'  •  "I'""-  an  intelligent  man,  if  t lu- surveyor-general  recommend 

Urn,  even  it  ho  has  never  surveyed  '     lie  may  go  in  with  an  old  surveyor  T— A.  Yes  sir 
He.  however,  does  not  swear  that  lie  has  performed  the  work. 

<,».   If  there  are  two  in  the  field,  and  one  does  not  understand  surveying,  and  does  not  sur- 
Tey,  he  does  not  swear  to  the  notes  t— A.  No,  sir. 

understand  you  to  say  that  if  a  deputy  took  work  from  an  inexperienced  man 

and  united  it  with  some  work  of  his  own,  in  a  contract,  and  went  out  and  surveyed  that  work 

and  di\ided    the  profit,  or  a  portion  of  it,  with  this  inexperienced  man  who  was  not  in  the 

t.  that  that  would  be  objected  to  f— A.  If  it  was  known  to  the  Commissioner  of  the 

General  Laud-Office,  of  course  he  would  object  to  it. 

What  right  has  he  to  interfere  between  a  deputy  and  a  man  outside?— A.  He  does 
not  interfere,  and  has  no  means  of  knowing. 

Q.  WI..M.-  w.MiM  he  his  right  t..  interfere  with  a  competent  deputy  surveyor  who  makes 
a  contract,  gives  a  good  bond,  and  is  known  to  the' office,  if  he  contemplated  dividing  some 
ot  the  profits  f     What  right  has  the  Commissioner  to  interfere ?— A.   He  would  not  interfere 
was  asked  by  the  committee  what  would  be  the  result  in  case  the  Commissioner  of  the 
tl  Laud-Office  knew  that  an  inexperienced  man  was  a  contractor  and  was  not  named 
in  the  contract.     Oi  course  the  Commissioner  would  not  agree  to  that. 
Adjourned. 


13  E  X 


Page. 

P..  II.  Hiistou,  Secretary  of  the  Treasury f !,;{ 

Silas  Reed,  ex-surveyor-General  of  Wyoming  Territory in; 

L.  C.  Stevens,  real-estate  agent  at  Cheyenne 22 

John  S.  Delano,  ex-chief  clerk  of  the  Interior  Department 38 

Willis  Drummond,  Ex-Commissioner  of  the  General  Land-Office 45 

B,    .1.    Pa!!.-n fill 


\V 


